Ayesha Smart, a barrister from Yorkshire has emerged as the youngest ethnic minority Crown Court judge. Following a rigorous journey of examinations, interviews, and endorsement from the authorities, Ayesha, aged 34, has been chosen to preside as a Recorder in Crown Courts spanning the Northeast of England.
Having successfully completed pupillage and being Called to the Bar in 2014, Ayesha Smart is presently associated with Exchange Chambers, where she focuses on crime, clinical negligence, and regulatory law. In her recent appointment as a Recorder, she will dedicate a minimum of 30 days each year to preside over cases.
Asian Voice reached out to Ayesha, and learned about her journey, aspirations, successes and challenges.
You’ve achieved a remarkable feat quite early on in your career. How big of a win is it for you personally, as a woman, and for the South Asian community?
I am delighted at what I have managed to achieve, having come to the bar somewhat later than others. It took a lot of hard work and determination to get where I am today. It is a big win for the South Asian community, and I hope that my success will encourage others from diverse backgrounds, regardless of age, to take that first step towards a judicial career. Anyone enthusiastic about law and justice should not be deterred because of their background.
Tell us a little bit about yourself especially when you were growing up and about your South Asian roots. You initially started out to make a career in medical sciences and later transitioned to law. Was there a specific reason or a driving factor that led to this major trajectory change?
My mother and her family moved to the UK shortly before she attended university, however I have been immersed in Sri-Lankan culture from a young age and even learnt Bharatanatyam and Tamil! I regularly return to Sri-Lanka to spend time with relatives and to enjoy the beauty of the island. Sharing this part of my life at school was difficult as there wasn’t much diversity or interest in my background.
I have always wanted a vocation and a role where I could make an impact. Initially, I was passionate about the sciences and my aspiration was to work as doctor abroad. Following my first degree I thought about this as a better career fit. I tested the waters with an LLM in Medical Law and Ethics and then took the plunge thereafter.
How can people in power facilitate better chances and opportunities for women, especially in the South Asian community in the UK?
The barriers that I perceive to be prevalent for women and those from the South Asian community relate to the lack of guidance/exposure and/or the financial burden of legal studies. There have been changes to the judicial appointment process and the pupillage application process so that those in power no longer hold all the cards and you don’t move up the ladder on a nod and a wink. Proactivity looking in the right place to make the right connections and gain the right experience can help transform your career trajectory. Gray’s Inn saw potential in me when I applied for a scholarship and took the financial burden away. Dining sessions at the inn and panel sessions at the university to network with professionals can assist you in obtaining work experience, improving your applications or seeking mentorship.
In your opinion, does equality exist for women as well as for the diaspora in the profession of law, especially for barristers and judges?
The bar and the judiciary are still ever-evolving professions, that are making efforts to keep up to modern times and the diverse society we now live in. There are still those that have prejudices and some antiquated views. A lot of work is to be done on supporting those who have to juggle work and a family and the court’s factoring in commitments such as childcare, school runs, etc., which often fall to women.
Have you ever faced prejudices in your profession, or personally as a woman due to your ethnicity?
Unfortunately, I have experienced prejudices, both in my career and personally. Sometimes this has been more subtle, sometimes more overt. By way of example, due to my ethnicity, clients have not wanted me to represent them despite my experience and expertise. I have also had instances where assumptions have been made about my ability and expertise due to my cultural background.
What are some things you envision achieving in the near future and what goals have you set for yourself in the long run?
In all honesty, I achieved my current position a lot quicker than I expected, so I’m going to spend the next few years really learning the craft and honing my skills as a judge. There are a number of courses that judges can take to extend the types of cases they can hear, or they can obtain tickets to sit in other jurisdictions such as civil, which I may consider in due course. I’m also keen to get involved in the development of the judiciary internationally.
What advice would you give to the young aspiring barristers and judges from the South Asian community, who want to follow in your footsteps?
The headline really is to stay focused, be determined and be brave. Don’t let others talk you down.
Your inns of court, law societies and universities are lifelines, so use what they have to offer. Both BPP Law School and Gray’s Inn had mentoring schemes, work experience, pro bono projects and mock interviews which properly equipped me in applying for the elusive pupillage. In a similar vein, the Judicial Appointment Commission runs a mentoring scheme and work placement scheme which I took advantage of. Both drastically improved my chances of success in the Recorder competition.
