Page 33 - Judicial Diversity Update report

2.34. In 2018, 16.3% of pupils were BAME, however the overall percentage of
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BAME barristers was 13% and only 7.8% of QCs. The disparity between the
total percentages of BAME pupils, barristers and QCs suggests a challenge of
progression for BAME barristers.
77

2.35. Among solicitors in firms, 21% of lawyers in firms are BAME, which
compares favourability with the proportion of BAME people in the general
population (14%). Similarly, 20% of partners are BAME. 78 Recent Law
Society data on solicitors with practising certificates shows a lower proportion,
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around 17% BAME individuals.

Conclusions with respect to race and ethnicity

2.36. The Working Party is particularly troubled by the stagnation in the
appointment of BAME judges since our last report. The very low number of
BAME judges in the senior judiciary poses an acute challenge to the credibility
and legitimacy of the judiciary, representing a challenge for trust and
confidence with minority communities. This is critical in the criminal courts –
the focus of David Lammy’s report – but is equally important in the
‘constitutional’ courts of the High Court and above. We have several areas of
particular concern.

2.37. First, and most importantly, BAME candidates overwhelmingly fail in
selection exercises to be appointed to the senior judiciary. The reasons for this
remain unclear.

76 Bar Standards Board, Diversity at the Bar 2018, February 2019, p.10, available online at
https://www.barstandardsboard.org.uk/uploads/assets/1fda3d4b-c7e3-4aa8-
a063024155c7341d/diversityatthebar2018.pdf
77 Ibid, pp.3-4. For an analysis on the relationship between ethnicity and success of applicants to the
Pupillage Gateway, see: Professor Martin Chalkley, ‘Report on the Differential Attainment of
Applicants through the Pupillage Gateway’, February 2018, available online at
https://www.barcouncil.org.uk/media/645951/differential_attainment_-
_analysis_of_gateway_data_professor_martin_chalkley_march_2018.pdf
78 ‘How diverse are law firms?’, Solicitors Regulation Authority, available online at
https://www.sra.org.uk/sra/equality-diversity/key-findings/law-firms-2017/
79 The Law Society, ‘Annual Statistics Report 2018’, (2019) available online at
https://www.lawsociety.org.uk/support-services/research-trends/annual-statistics-report-2018/
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