Court dress (original) (raw)
Court dress comprises two forms of dress: dress prescribed for Royal courts; and dress prescribed for courts of law.
This article deals primarily with dress worn in the courts of law of England and some other jurisdictions in the British Commonwealth.
Where court dress is worn
Court dress is worn in all courts of the Supreme Court of Judicature and county courts. It is not worn in the magistrates' courts.
See Courts of England and Wales
Advocates
Unlike in the United States, English advocates (whether barristers or solicitors) who appear before a judge who is robed must themselves be robed.
Barristers
Junior barristers wear an open-fronted black stuff gown with open sleeves and a gathered yoke, over a black or dark suit. A white stiff wing collar is worn with bands (two strips of linen about 5" by 1" hanging down the front of the neck). In addition barristers wear a short horsehair wig with curls at the side and ties down the back.
Barristers who have been appointed Queen's Counsel (QCs) wear instead a silk gown with a flap collar and long closed sleeves (the arm opening is half-way up the sleeve).
Solicitors
Solicitors wear the same collar and bands as barristers, but wear a stuff gown of the same shape as QCs, with no wig.
Judges
Generally judges in the Family and Chancery divisions of the courts wear the same black silk gown as QCs, as do judges in the Court of Appeal. All judges wear a short wig when working in court, reserving the long wig for ceremonial occasions.
Judges in the highest court, the House of Lords, do not wear court dress at all (although advocates appearing before them do), instead wearing suits!
It is in intermediate courts that try cases at first instance (with a jury in criminal cases) that court dress is the most complicated.
High Court judges
When dealing with criminal business at first instance in the winter, a High Court judge of the Queen's Bench division wears a scarlet robe with fur facings, a black scarf and girdle (waistband) and a scarlet casting-hood or tippet. When dealing with criminal business in the summer, the judge wears a similar scarlet robe, but with silk rather than fur facings.
When he tries civil cases, he wears in winter a black robe faced with fur, a black scarf and girdle and a scarlet tippet; in summer, a violet robe faced with silk, with the black scarf and girdle and scarlet tippet.
Circuit judges
A circuit judge (in the County courts or the Crown court) wears a violet robe with lilac facings. As well as a girdle, the judge wears a tippet (sash) over the left shoulder - lilac when dealing with civil business and red when dealing with crime. Ordinary day dress is worn beneath the robe.
Special occasions
On Red Letter days (which include the Sovereign's birthday and certain saints' days) all judges wear the scarlet robe for the appropriate season.
On special ceremonial occasions (such as the Opening of the Legal Year) judges and QCs wear long wigs, black breeches and silk stockings, and wear lace jabots instead of bands. High court judges in addition have a scarlet and fur mantle, which is worn with his gold chain of office in the case of the Lord Chief Justice. The Lord Chancellor and judges of the Court of Appeal have black silk and gold lace gowns.
Scotland
Scottish court dress is very similar to English court dress, but there are notable differences. For example, Scottish advocates wear morning coats instead of lounge suits under their gowns, and wear white bow ties instead of bands. QCs and judges wear long scarf-like ties instead of bands.
The judicial robes are also different.
Commonwealth
Court dress in many jurisdictions in Australia and the Caribbean is identical to English court dress.
In Canada court dress is identical, except that wigs are not worn.
Reform
A court dress consultation is currently under way. Likely reforms include getting rid of wigs in the civil courts (but keeping them in the criminal courts), and making the dress of barristers and solicitor-advocates identical.