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Peter Herbert (lawyer)

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Peter Herbert OBE[1] is a British barrister and political activist. He is an independent member of the Metropolitan Police Authority, a "part-time recorder in the crown court as well as a part-time immigration and employment tribunal judge and chair of the Society of Black Lawyers".[1] He has campaigned against racism in football.[2] He was appointed Officer of the Order of the British Empire (OBE) in the 2010 New Year Honours.[3]

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Order of the British Empire

Order of the British Empire

The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established on 4 June 1917 by King George V and comprises five classes across both civil and military divisions, the most senior two of which make the recipient either a knight if male or dame if female. There is also the related British Empire Medal, whose recipients are affiliated with, but not members of, the order.

Barrister

Barrister

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the law and giving expert legal opinions.

Metropolitan Police Authority

Metropolitan Police Authority

The Metropolitan Police Authority (MPA) (2000–2012) was the local police authority responsible for scrutinising and supporting the work of the Metropolitan Police Service, the police force for Greater London. The establishment of the MPA in 2000 marked a fundamental change in the policing of London; establishing, for the first time, a local police authority for the metropolis, with the aim of ensuring that the Metropolitan Police Service was democratically accountable.

Society of Black Lawyers

Society of Black Lawyers

The Society of Black Lawyers (SBL) was founded in the United Kingdom by Rudy Narayan in 1969, as the Afro-Asian and Caribbean Lawyers Association. By 1981, it was known as its current name. It was co-chaired by Narayan and Sibghat Kadri.

2010 New Year Honours

2010 New Year Honours

The New Year Honours 2010 were announced on 31 December 2009 in the United Kingdom, New Zealand, Cook Islands, Barbados, Grenada, Papua New Guinea, Solomon Islands, Saint Lucia, Belize, Antigua and Barbuda, Saint Christopher and Nevis and other Commonwealth realms to celebrate the year passed and mark the beginning of 2010.

Controversy

Herbert, described by The Independent as "one of Britain's only non-white judges",[4] was at the centre of a controversy over the years 2015–2017 after suggesting that racism was present in the British judicial system.[1][4] In a speech at a Defend Democracy event in Stepney, Tower Hamlets (east London), in April 2015, Herbert said: "Racism is alive and well and living in Tower Hamlets, in Westminster and, yes, sometimes in the judiciary."[1] He also criticised the "decision to bar the former mayor of Tower Hamlets, Lutfur Rahman, from holding public office for five years".[1] A complaint was made about his speech to the Judicial Conduct Investigations Office (JCIO).[5] On 15 November 2015 members of the judiciary tried to pressure Herbert into refraining from sitting as a judge.[1] In 2016, Herbert sued the Ministry of Justice for recommending that a formal warning be made against him.[5]

In January 2017, the disciplinary panel investigating Herbert said he should be given an apology from "a suitable senior person" for the treatment he received from other members of the judiciary, and that he should also receive a dressing down for his comments in the speech, which were deemed to be misconduct ("because of the inferred criticism that another judge had given a judgment [about Rahman] on racial grounds") and because the speech was "likely to undermine public confidence in the judiciary".[1] Herbert appealed to the JCIO against the decision, saying that the panel had racially discriminated against him and that their treatment of him had made him feel "like a nigger".[1] In his defence and as an example of double standards in the judiciary's treatment of fellow judges, Herbert pointed to Supreme Court Judge Lord Neuberger's apparent criticism of his colleague Lady Justice Hale's comments "relating to the court case on whether Parliament must be given a say on Brexit" – a criticism for which Lord Neuberger was not disciplined.[4] Herbert received an apology from the judicial conduct investigation office in August 2020 in relation to the case. He had made claims of racism, victimisation and harassment, which were due to be heard at an employment tribunal in July 2021, but the case was settled before the hearing date. Herbert said that he had successfully held senior judges to account. The lord chief justice and the lord chancellor said that Herbert's claims were robustly denied and that the settlement was made with no acceptance of wrongdoing or liability.[6]

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Stepney

Stepney

Stepney is a district in the East End of London in the London Borough of Tower Hamlets. The district is no longer officially defined, and is usually used to refer to a relatively small area. However, for much of its history the place name applied to a much larger manor and parish. Stepney Green is a remnant of a larger area of Common Land formerly known as Mile End Green.

East London

East London

East London is the northeastern part of London, United Kingdom. Located east of the ancient City of London and north of the River Thames as it begins to widen, East London developed as London's docklands and the primary industrial centre. The expansion of railways in the 19th century encouraged the eastward expansion of the East End of London and a proliferation of new suburbs. The industrial lands of East London are today an area of regeneration, which are well advanced in places such as Canary Wharf and ongoing elsewhere.

Parliament of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.

Judiciaries of the United Kingdom

Judiciaries of the United Kingdom

The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.

Lutfur Rahman (British politician)

Lutfur Rahman (British politician)

Mohammad Lutfur Rahman is a Bangladesh-born British politician and former solicitor serving as the directly elected mayor of the London Borough of Tower Hamlets for the Aspire party since 2022, having previously held the post from 2010 to 2015.

Judicial Conduct Investigations Office

Judicial Conduct Investigations Office

The Judicial Conduct Investigations Office (JCIO) is an independent statutory office in England whose remit is to investigate allegations of Judicial misconduct. Their offices are located in the Royal Courts of Justice, London. Their role is to support the Lord Chancellor and Lord Chief Justice who share responsibility for judicial discipline in England and Wales. It was established on 1 October 2013 when it replaced the Office for Judicial Complaints. The equivalent in Scotland is the Judicial Complaints Reviewer. The body was created under the Constitutional Reform Act 2005.

Ministry of Justice (United Kingdom)

Ministry of Justice (United Kingdom)

The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system and prisons and probation in England and Wales, with some additional UK-wide responsibilities e.g. the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law and information rights law across the UK.

Nigger

Nigger

In the English language, the word nigger is an ethnic slur used against black people, especially African Americans. Starting in the 1980s, references to nigger have been progressively replaced by the euphemism "the N-word", notably in cases where nigger is mentioned but not directly used. In an instance of linguistic reappropriation, the term nigger is also used casually and fraternally among African Americans, most commonly in the form of nigga, whose spelling originated from the phonological system of African-American English.

Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

David Neuberger, Baron Neuberger of Abbotsbury

David Neuberger, Baron Neuberger of Abbotsbury

David Edmond Neuberger, Baron Neuberger of Abbotsbury is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom.

Brenda Hale, Baroness Hale of Richmond

Brenda Hale, Baroness Hale of Richmond

Brenda Marjorie Hale, Baroness Hale of Richmond, is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020, and serves as a member of the House of Lords as a Lord Temporal.

Brexit

Brexit

Brexit was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020. The UK is the only sovereign country to have left the EU. The UK had been a member state of the EU or its predecessor the European Communities (EC), sometimes of both at the same time, since 1 January 1973. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws, except in select areas in relation to Northern Ireland. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can now amend or repeal. Under the terms of the Brexit withdrawal agreement, Northern Ireland continues to participate in the European Single Market in relation to goods, and to be a de facto member of the EU Customs Union.

Source: "Peter Herbert (lawyer)", Wikipedia, Wikimedia Foundation, (2022, April 17th), https://en.wikipedia.org/wiki/Peter_Herbert_(lawyer).

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References
  1. ^ a b c d e f g h Diane Taylor, '"Black judge claims he was discriminated against by disciplinary panel", The Guardian, 8 January 2017.
  2. ^ J. Dillion, "Peter Herbert insists police have part to play as he pursues a'zero tolerance", Daily Express, 31 October 2012.
  3. ^ United Kingdom "No. 59282". The London Gazette (Supplement). 30 December 2009. p. 10.
  4. ^ a b c Benjamin Kentish, "UK justice system is racist, suggests one of Britain's only non-white judges", The Independent, 10 January 2017.
  5. ^ a b Diane Taylor, "Judge sues Ministry of Justice for race discrimination", The Guardian, 14 March 2016.
  6. ^ Taylor, Diane (2 July 2021). "Retired judge Peter Herbert settles race claim against judiciary 2 July 2021". Guardian. Guardian. Retrieved 4 July 2021.

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