A senior black barrister has called for court wigs to be banned, describing them as “culturally insensitive” and “ridiculous”.

Leslie Thomas QC, a barrister at Garden Court Chambers in central London, told Sky News the wig “represents and signifies the culturally insensitive climate” at the Bar.

He was speaking after Michael Etienne, a black barrister with an afro, said he was told he could face disciplinary action if he did not wear his wig to court.

Asked the Bar Council what could happen if, as a Black Barrister with an Afro, I declined to wear my wig.

The answer included: "contempt of court", "wasted costs" and various potential breaches of Code of Conduct.

"Unless the insistence was discriminatory"#HairDiscrimination

Barrister told he could be in contempt of court for not wearing wig

Mr Etienne wrote to the Bar Council to seek clarity over what would happen if he declined to wear his wig before a judge.

In a tweet, he said the professional body that represents barristers told him he could be in contempt of court, and be in breach of various clauses of the code of conduct.

He signed off the tweet with the hashtag #HairDiscrimination.

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Some argue the 17th century wigs act as a symbol of authority, anonymise barristers and remind people of the importance of the court.

Mr Thomas dismissed such arguments as “nonsense”, adding that several Commonwealth countries have stopped the practice and “justice hasn’t collapsed”.

Read more: Hair discrimination should be designated as a form of racism, campaigners and MPs say

Court wigs ‘culturally insensitive’

He told Sky News: “It’s ridiculous, it really is. You need to understand that rationale behind the wig and the rationale behind the wig in the 21st century just does not hold up.

“If you want to have a uniform, if you want to have that anonymity, if you want to have that distinction between the advocate and the public, you can do that with a respectable gown, with a respectable collar and band.

“It’s nonsense, this suggestion that it anonymises you, the wig isn’t covering your face it’s on top of your head.”

The barrister said that while he believes wigs are “culturally insensitive”, he believes they “look ridiculous on everyone”.

Why do barristers wear wigs?

Britain’s traditional court wigs date back centuries and became part of proper court dress in 1685.

The trend of wearing wigs was started by Louis XIV of France to disguise his balding scalp, and was adopted throughout Europe by the upper and middle classes.

By the 1820s wigs had gone out of fashion, but the practice remained part of court dress.

As of 2007, they were no longer required during family or civil court hearings, but are still worn during criminal cases.

Read more: Off Limits – Do we have a problem with afro hair?

‘Court wigs have no place in 21st century’

“We wear a wig originally because it was part of 17th century fashion. Where all high members of British society wore wigs. It’s anachronistic, based on Caucasian 17th century fashion and it’s a throw over which has no place in the 21st century”, Mr Thomas said.

“You asked me about how it impacts black people, and I would also include people of colour. I think it’s culturally insensitive, to have that as part of the necessary uniform to go into court.”

He said judges recognise the “uselessness of the wig”, adding that in the higher courts, judges don’t wear wigs.

Barristers can apply for special dispensation if they don’t want to wear a wig, including those who wish to wear a hijab or a turban to court.

Read more: Two junior barristers design and launch hijabs for court

Sikh barristers have been allowed to wear a white turban in the courtroom instead of a wig.

Mr Thomas said: “Nobody should be wearing this ridiculous costume, which is just nonsense. That’s the point, nobody should be wearing it. I have dreadlocks, it’s very difficult to have a wig perching on dreadlocks.

“If you have a big afro, it’s very difficult to have a wig perching on a big afro. It’s just ridiculous.”

Bar Council says it’s open to listening to opinions

Sam Mercer, the Bar Council’s head of equality and diversity, told Sky News the governing body is open to listening to different views from barristers on dress code and wigs.

“We want to hear from barristers so we can fully understand the range of views and experiences within the profession and find the appropriate solution,” she said.

“As an organisation, we remain committed to increasing diversity and inclusion at the Bar.”

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