Court dress
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court may wear formal robes, gowns, collars, or wigs. Within a certain country and court setting, there may be many times when the full formal dress is not used. Examples in the UK include many courts and tribunals including the Supreme Court of the United Kingdom, and sometimes trials involving children.
Commonwealth countries
United Kingdom
The Supreme Court
Members of the old Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council never wore court dress. Instead, they were dressed in ordinary business clothing in accordance with the fashion of their time. Since the creation of the Supreme Court of the United Kingdom in 2009, the Justices of that court have retained the Law Lords' tradition of sitting unrobed. On ceremonial occasions they wear a robe of black damask embellished with gold with the badge of the Supreme Court embroidered at the yoke.In 2011, the Supreme Court provided that counsel may jointly agree to dispense with some or all of the traditional elements of court dress at sittings. Thus, at many sittings since then, all justices and counsel present have been attired in ordinary business suits.
England and Wales
Where court dress is worn
Court dress is worn at hearings in open court in many sittings of Senior Courts of England and Wales and in the County Court. It is not worn in the Technology and Construction Court, nor in the Commercial Court. Further, in any court formal dress may be dispensed with at the option of the judge, e.g. in very hot weather, and invariably where it may intimidate children, e.g., in the Family Division and at the trials of minors.Court dress is not worn at hearings in chambers or in magistrates' courts, nor in tribunals.
Reform
In July 2007, Lord Phillips of Worth Matravers, the Lord Chief Justice of England and Wales, announced that changes would be made to court working dress in the English and Welsh courts. The reforms were due to take effect on 1 January 2008; however, following reports of strong opposition to the proposed changes, they were delayed, eventually taking effect in autumn 2008. The new robes for judges were designed by Betty Jackson and unveiled in May 2008, although a survey of judges published in March 2009 revealed substantial opposition to the new designs, as well as widespread annoyance at the lack of consultation prior to the change.The Chairman of the Bar announced in April 2008 that, as a result of a survey of the profession, the Bar would recommend that advocates should retain their existing formal robes in all cases, civil and criminal, with possible exceptions in the County Court. In a letter to the profession, he said :
For the most part, the changes only affect what is worn by judges in civil courts, who now wear a simplified robe and no wig. Dress worn in criminal courts remains largely unchanged. The changes have been reflected in the dress allowances made to judges.
Advocates
English and Welsh advocates who appear before a judge who is robed must themselves be robed.All male advocates wear a white stiff wing collar with bands. They also wear either a dark double-breasted suit or a black coat and waistcoat and black or grey morning dress striped trousers. The black coat and waistcoat can be combined into a single garment, which is simply a waistcoat with sleeves, known as a bar jacket or court waistcoat. Female advocates also wear a dark suit, but often wear bands attached to a collarette rather than a wing collar.
Junior barristers
Junior barristers wear an open-fronted black gown with open sleeves, gathered and decorated with buttons and ribbons, and a gathered yoke, over a black or dark suit, hence the archaic term stuffgownsman for juniors. In addition, barristers wear a short horsehair wig with curls at the side and ties down the back.Solicitors
Solicitors wear the same wing collar with bands, or collarette, as barristers. Their gowns are of a slightly different style, with a square collar and without gathered sleeves. By virtue of the Consolidated Criminal Practice Direction at I.1.1 , "Solicitors and other advocates authorised under the Courts and Legal Services Act 1990 ... may wear short wigs in circumstances where they would be worn by King's Counsel or junior counsel." Other qualified advocates, such as chartered legal executive advocates, will wear the same attire as a solicitor.King's Counsel
Barristers or solicitors who have been appointed King's Counsel wear a silk gown with a flap collar and long closed sleeves. For this reason, barristers who are appointed King's Counsel are said to have "taken silk", and KCs themselves are colloquially called "silks". The KC's black coat, known as a court coat, is cut like 18th-century court dress and the sleeve of the KC's court coat or bar jacket has a turned back cuff with three buttons across. On special ceremonial occasions, KCs wear a long wig, black breeches, silk stockings and buckled shoes, lace cuffs and a lace jabot instead of bands.Judges
Judicial robes have always exhibited variety depending on the status of the judge, the type of court and other considerations. In addition to robes, judges have generally worn a short bench wig when working in court and a wing collar and bands at the neck.All judges in criminal cases continue to wear these traditional forms of dress, which are described in more detail below. Judges in civil and family cases, however, have since 2008 worn a new design of working robe with no wig, collar or bands; this plain, dark, zipped gown is worn over an ordinary business suit and tie. The status of the wearer is indicated by a pair of different colored tabs below the collar: Appeal Court judges wear gold tabs, High Court judges wear red tabs, Masters and Insolvency and Companies Court Judges of the High Court wear pink, and District judges wear blue. It was originally envisaged that Circuit judges sitting in the High Court would likewise adopt the new-style robe with purple tabs, but they opted to retain their violet robe as worn in the County Court.
On special ceremonial occasions more elaborate forms of traditional dress are worn, by civil and criminal judges alike.
The Lord Chief Justice
The Lord Chief Justice, when robed, dresses like a High Court Judge with the distinction of a train to his scarlet robe. On ceremonial occasions he wears the scarlet and fur hood and mantle, and in addition a gold chain of office in the form of a collar of esses.Lords Justices of Appeal
Judges in the Court of Appeal, Criminal Division, wear the same black silk gown and court coat as KCs, together with the short bench wig. Judges of the Civil Division did likewise until 2008, but they now wear the new-style robe.The use of plain black gowns in the Court of Appeal dates from the origin of the Court in the 1870s, when it was populated by Chancery judges who were accustomed to this form of dress.
On ceremonial occasions, all Judges of the Court of Appeal wear the full-bottomed wig, together with a black silk damask gown, trained and heavily embellished with gold embroidery, over court coat, lace cuffs and jabot, black breeches, stockings and buckled shoes.
High Court Judges
On ceremonial occasions, all High Court judges wear the traditional full-bottom wig and the furred scarlet robe, with a matching hood and mantle in addition. Underneath, breeches are worn with stockings and buckled shoes. The judicial black cap is carried.King's Bench Division: When dealing with first-instance criminal business a High Court judge of the King's Bench Division wears a scarlet robe with fur facings, a black scarf and girdle, and a scarlet "casting-hood" worn over the shoulder. In addition, the judge wears a wing collar, bands, and a short wig.
In civil cases, High Court judges wear the new-style robe with red tabs at the collar, and no wig, collar, or bands. Before 2008, these judges wore: in winter a black robe faced with fur, a black scarf and girdle, and a scarlet tippet; and in summer a violet robe faced with silk, with the black scarf and girdle and scarlet tippet.
On red letter days, all judges of the King's Bench Division wear their scarlet robes.
Chancery and Family Divisions: Until 2008, when working in court, judges in the Family and Chancery divisions of the courts wore the same black silk gown and court coat or bar jacket as KCs. Since autumn 2008 they too have worn the new design of robe in court.
High Court Masters and Insolvency and Companies Court Judges: Masters and Insolvency and Companies Court Judges formerly wore black gowns, white collar and bands, with short wigs, when sitting in open court. Since 2008 they wear the new design of civil robe with pink tabs at the neck and no longer wear wigs. Ceremonially, they wear a black court court, waistcoat, and gown, with black breeches, stockings, buckled shoes, white lace jabot and cuffs, and a long wig, similar to the ceremonial costume of King's Counsel.
Circuit judges
Circuit judges wear a violet robe with lilac facings, introduced in 1919. As well as a girdle, the judges wear a tippet over the left shoulder - lilac when dealing with civil business and red when dealing with crime. Since autumn 2008, circuit judges in the County Court have not worn wigs, wing collars or bands; however, circuit judges in the Crown Court retain the wig, wing collars and bands.Prior to introduction of the violet robe, Circuit judges usually wore a plain black gown and short wig; this older tradition has been retained by the Central Criminal Court.
On ceremonial occasions, circuit judges in addition to their violet robes wear a matching hood, long wig, black breeches, stockings and buckled shoes, and a lace jabot instead of bands.