Keir Monteith KC appears on Advancing Racial Equity Podcast: 'Confronting Racial Bias in the Justice System'

In this podcast episode, 'Confronting Racial Bias in the Justice System', Keir Monteith KC sheds light on the pervasive issue of racial bias within the justice system.

Speaking on the podcast, Keir stated: 

"Racial Bias and the Bench was an in-depth report on the state of the justice system in 2022. We found, as a result of our research, that there was institutional racism in the justice system. That backed up a feeling that I and other lawyers and academics had. It was, on one level, no great surprise, because we have racism in our society, so why would the justice system be exempt? But it's something that is nonetheless shocking, to find that racial bias plays part of the decision-making in the courts, and in particular, judges' decision-making."

Often the police and prosecution will make an allegation - I would suggest they pause and ask, is it really a gang we are looking at, or is it a number of individuals who allegedly acted in a criminal way? Are they clearly a 'gang'? If they persist with that, the defence need to call out their use of language, particularly if its targeted to Black defendants, and particularly if its dressed up with references to music. Defence advocates should not shy away from using the 'r' word, that it's racist. If it is, that needs to be said in court, loud and clear. "

"If racism is being raised, judges, please listen to that argument. If so persuaded, please include it in your judgment, because the police and prosecutors need to hear judges excluding that evidence on the basis of racism. That needs to be taken all the way up to the Court of Appeal and beyond. Let's have those judgments - let's make some positive inroads into institutional racism, and then we'll start to change things."

"...We need to talk about this issue, rather than pretending it doesn't exist."

Keir draws from his report, Racial Bias & the Bench, co-authored with Professor Eithne Quinn of the University of Manchester. The report, which draws on a survey of 373 legal professionals, concluded the judiciary is institutionally racist, with 95% of respondents stating that racial bias plays some role in the processes or outcomes of the justice system.

Keir currently represents four boys convicted of conspiring to commit grievous bodily harm (GBH), who have been granted leave to appeal against their convictions. The prosecution argued that the boys were part of a violent criminal 'gang'. This was the first time that submissions had been publicly made in the Court of Appeal that a conviction is "unsafe", because so called 'gang evidence' is the product of "institutional racism". Find out more about the case here.