Stephen Akinsanya OBE has spent decades in criminal law, earning recognition for his work on youth knife crime prevention. Yet four weeks ago, a security guard at an east London court told him he couldn't park because "it's not for defendants."
The assumption was swift and automatic. Despite Akinsanya wearing barrister's attire that court staff should recognise, the guard's first instinct was to see a Black man and assume criminality rather than professionalism.
What makes this particularly sobering is the timeframe. Akinsanya experienced nearly identical treatment when he first qualified in 1993 – asked which case he was "on trial in" rather than representing. Thirty-three years later, the script remains unchanged.
The Pattern Behind the Incident
This isn't an isolated case. In 2020, the courts service apologised after two Black barristers were repeatedly mistaken for defendants – one three times in a single day. As barrister Keir Monteith KC noted, many have experienced being directed to sit in the dock rather than the bar.
The persistence of these encounters points to something deeper than individual prejudice. When professional dress, context clues, and workplace familiarity all fail to override racial assumptions, we're seeing unconscious bias in action.
Why This Matters Beyond the Courtroom
Akinsanya's experience reflects broader patterns across professional settings. How often do we make split-second judgements about who belongs where, based on appearance rather than evidence?
The legal profession's struggle with representation compounds the problem. Recent judicial diversity statistics show Black judges make up just 1.6% of the judiciary – barely changed from 1.4% a decade ago, despite Black people representing 4% of England and Wales' population.
When Black legal professionals remain rare enough to surprise, assumptions become self-reinforcing. The fewer Black barristers and judges people encounter, the more jarring their presence seems.
Moving Beyond Good Intentions
Creating genuinely inclusive spaces requires more than hoping people will "do better." It means:
- Training that addresses unconscious bias directly – helping staff recognise when assumptions kick in faster than observation
- Systems that support rather than rely on individual awareness – clear protocols that don't depend on split-second judgements
- Accountability for representation – as Akinsanya suggests, targets with oversight when progress stalls
The security guard's embarrassment when challenged suggests he recognised his mistake. But embarrassment after the fact doesn't prevent the harm of the assumption itself.
Questions Worth Asking
Akinsanya's question resonates beyond the legal profession: "Why are we still in this position in the 21st century?"
Perhaps more importantly: What would it take for a Black professional to be assumed competent until proven otherwise, rather than the reverse?
These aren't comfortable questions. But in brave spaces where we can examine our assumptions honestly, discomfort often signals we're heading in the right direction.
Source: The Guardian
