Analysis published this week of the CBA national survey, which concluded in March, found 45% of criminal barristers called in the past decade have experienced judicial bullying, an increase of 10% on those called in the previous decade, and 9% more than those called in 1995–2004.
In total, 61.5% of the Criminal Bar say they have experienced bullying or harassment from a judge, and 42% cite judicial behaviour as one of their main work stressors.
However, most barristers do not complain—of the 14% who did, only 1.7% contacted the Judicial Conduct Investigations Office, while 3% raised the issue with presiding or resident judges and 6% did so within chambers or to circuit leaders.
CBA chair Mary Prior KC, outlining the survey results, said: ‘There was a concern that much of the poor conduct came from the same judges whose behaviour was well-known but that nothing seemed to change.
‘The perception was the formal complaint mechanisms were ineffective and that making a complaint about a judge would be harmful to career progression.’
Moreover, one in three criminal barristers has personally experienced bullying, harassment or discrimination from colleagues. The CBA research found the numbers of barristers subjected to poor behaviour has remained much the same in the past three decades—between 44% and 47% from 1995 to 2024. Black practitioners, in particular, are highly likely to have faced poor behaviour (79%), and Asian practitioners are very likely (55%).
Other sources of frustration included late delivery of prisoners—more than half described this as ‘routine’, and one quarter said it happens ‘often’—and logging on to the Common Platform: 43% frequently, and a further 43% occasionally, have problems logging on. Three-quarters have experienced cases not appearing on the list.
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