Breaking Barriers: How Dame Rose Heilbron Paved the Way for Women in Criminal Law

This post was contributed by Dr Laura Lammasniemi, Module Convenor for Criminal law.

Portrait of Dame Rose Heilbron

Have you ever wondered what it takes to be the first to break through barriers in a profession where almost no one looks or sounds like you?

Meet Dame Rose Heilbron, a woman made history in the legal world. As one of the first female King’s Counsel (KC) and later, the first woman judge in England, Heilbron was a trailblazer who set a remarkable example for generations of women in law, and in criminal law in specific.

In my posts, I usually focus on contemporary issues in criminal law. In this blog post, I want to look to the history of criminal law, and to tell you about Dame Rose Heilbron (1914 – 2005) who I hope might provide inspiration for those who feel legal world might not be for them.

In a profession dominated by men, Heilbron’s rise to the top of legal profession in 1930s and 1940s was extraordinary. Born in Liverpool to Jewish small business owner parents during a time of exceptional antisemitism in Europe, she had no family connections to help her navigate the legal world. Lack of connections is a challenge many aspiring lawyers still face today. Despite graduating with a first-class honours degree in law, she initially struggled to find a pupillage and most chambers would not even consider an application from a woman.

When she finally joined chambers in Liverpool, she began a career that would reshape the legal landscape. During World War II, she took on high profile criminal cases, and by 1949, she became one of the first two female King’s Counsel (KC), aged only 34 years old. Heilbron’s groundbreaking moment came in 1956 when she became the first woman judge in England, appointed as the Recorder of Burnley. This made her the first woman judge in England.

Despite her rapid rise to the top, Heilbron had to overcome a great deal of prejudice from colleagues and even from clients, especially at the start of her career. George Kelly, the defendant in her most famous murder case, is reported to have initially said he wanted a ‘fella’ and ‘whoever heard of a Judy defending anyone?’

The press followed her every trial and affectionately, if patronisingly, called Heilbron the ‘woman judge pin up girl’ and the ‘housewife who is Britain’s Portia.’ There were queues of women and girls waiting to see the first opening of Burnley Quarter Sessions after Heilbron’s appointment. It is hard to imagine such interest in an individual judge today.

Despite her brilliant career in criminal law, it took until 1974 for Heilbron to be appointed as a High Court judge, and even then, she was placed in the Family Division rather than criminal law, where she was an expert. A reminder perhaps that criminal courts have always slow to embrace change. Heilbron never made it to Court of Appeal. It was not until 1988 that Dame Butler-Sloss became the first woman in the Court of Appeal. In fact, it took until 2004 for a woman – Lady Hale – to reach the then House of Lords (now Supreme Court).

Heilbron’s celebrity status and work has had a significant impact on substantive criminal law too when it comes to women and law. She presided over important cases such as C v S, which denied a father’s right to prevent a mother from having an abortion. She also chaired a group that led to the introduction of anonymity for rape complainants, protecting victims from hurtful publicity and encouraging more women to report such crimes.

So, why does Heilbron’s story matter to you as a student in 2024?

Her story is a reminder that perseverance, skill, and determination can overcome even the toughest barriers. She not only broke all barriers, but she demonstrated that women and minorities could excel in criminal law and, by so doing, she paved the way for others to do the same. As we embark on the challenges of a new academic year, let’s bear both these attributes in mind: resilience and generosity.

Further reading

Lammasniemi, Laura, ‘Rose Heilbron’ in Eds by Erika Rackley, and Rosemary Auchmuty Women’s Legal Landmarks (Hart Publishing 2018)

Hale B, ‘Rose Heilbron’ in Goldman L (eds) The Oxford Dictionary of National Biography 2005-2008 (OUP 2013)

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