‘Do you wear a wig?’ – I think I can honestly say I am asked this question almost every time I meet a child when I explain my role to them. When I say No! but that I have to wear a smart suit when I go to Court and stand before the ‘wise man‘ to speak to him/ her, it will usually follow that I am asked ...’Does the judge wear a wig?’
Well, the answer to that is also No! This has been the case since the new Court dress rules in 2007, which did away with the requirement that both barristers and Judges must wear the famous head gear in family and civil court proceedings. Solicitors have to the best of my knowledge never had to don a wig when appearing in court. Even the Supreme Court does not expect learned Counsel or Judges to wear the famous head piece or to give it its proper name a peruke.
Today wigs must be worn in Criminal cases by barristers and Judges and not to abide by this rule would be considered an insult to the Court. Wig wearing by Judges and barristers in family and civil proceedings tends to be reserved for ceremonial purposes only theses days.
You only have to walk down Chancery Lane in London and stand outside Ede and Ravensccroft – the famous makers and suppliers of all things lawyer – like- to see the display and variety of perukes.
So when and why did the wearing of wigs enter the court room? Back in the 14th century Lawyers and Judges were to be found wig-less and sporting coloured robes in red, violet and green, depending upon the season . It wasn’t until the country went into mourning following the death of Charles II that black became the standard colour.
Wigs and gowns were an emblem of authority of the court but also afforded the wearer some degree of anonymity. If the defendant’s case did not go the way he/ she had hoped then they would have trouble identifying the barrister or judge whom had sealed their fate should they seek them out, as all professionals were dressed the same in the court room.
Long hair was very fashionable in society from the 16th century and any sign of premature baldness was considered a give away that someone had contracted syphilis- this was long before antibiotics and penicillin in particular had been discovered. Head lice was also a problem. Wigs saved the day and quashed any unwanted attentions and assumptions as to the wearers ill health caused by sexual promiscuity .
Perukes are still today made from horse hair – they are scratchy, hot and uncomfortable and cost hundreds of pounds to purchase. The more elaborate ceremonial wigs costing much more.
It is interesting to note that before wigs the court dress code called for short hair and a trimmed beard –needless to say the profession was male dominated!