The Lord Chief Justice is to issue guidance shortly on the wearing of the full-face veil in court - whether by lawyers, judges, witnesses, court staff or jurors. The guidance has been drawn up by the Judicial Studies Board after extensive consultation. It is likely to adopt a pragmatic approach: the consensus is that while it may be generally preferable for the veil not to be worn in court proceedings, this will be left to the individual. But judges will have a discretion to ask that a veil be removed, for instance if a witness or client cannot hear

HOMA WILSON
Homa Wilson is an assistant solicitor specialising in employment and discrimination law at Webster Dixon Solicitors

“I’m a practising Muslim and wear the hijab (headscarf) though not the niqab (full veil) for religious reasons.

“I don’t see a problem with women wearing the veil in court, whether as a witness or an advocate. A jury, or other members of the court, may find a woman wearing a veil somewhat strange but that’s more down to social perceptions and cultural differences, and it’s important to educate and inform the public of such differences.

“Some have sought to argue that the veil is a barrier to communication. But we are very experienced in non face-to-face communication; for example, when we speak over the phone or communicate via the internet we can’t rely on a person’s body language or facial expressions. Yet we don’t have a problem in understanding what is being communicated.

“In the case of witnesses wearing a veil, women court staff can verify her identity by asking to see her passport and asking her to remove the veil for identification. Muslim women don’t object to removing their face veils in the presence of other women.

“I’ve never come across any cases in courts or tribunals where an advocate or witness wearing a veil has caused a problem. Women in the legal profession or involved in legal proceedings should not feel bullied into having to remove their veils. There is the danger that such draconian measures may lead to resentment and result in such women being excluded from participating in the legal process.

“In any event, chambers or firms imposing dress codes that forbid the veil need to be aware that they could be open to claims of religious discrimination under the Employment Equality (Religion or Belief) Regulations 2003. If a woman is dismissed or suffers any other detriment short of dismissal because she wears the full veil it would be open for her to claim discrimination, on the ground of religion, against her employer.”

ANONYMOUS
Anonymous solicitor opposed to the wearing of the full veil in court

“I am the principal of a private client practice and have dual inheritance. My mother is from a Muslim background and my father is a Christian. Though I am a Christian, I have personal experience of both cultures.

“I would always support a person’s right to practise the religion of his or her choice. However, I wholeheartedly disagree with the wearing of a full veil in court or indeed in a school or similar environment.

“My main concern is access to justice, which I believe cannot be achieved unless all parties (be they a witness, advocate, defendant or judge) are clearly identifiable. If a woman wears a full veil in court, then I’m very concerned that negative implications will be subconsciously drawn and will work to the detriment of an advocate, a defendant or witness. There is also a higher likelihood of alienation.

“In addition, 97 per cent of communication is nonverbal. If a witness, wearing a full veil, is being cross-examined in a civil or criminal trial and the judge or jury cannot see her face, then I believe it may be very difficult for them to assess the credibility of her evidence. This may have far-reaching implications in relation to the fairness of the trial. There is also the issue of identification evidence. Although it is not the most reliable evidence, with full veils worn by any party to the proceedings it becomes impossible.

“The United Kingdom is a tolerant Christian society and devout Muslims should reciprocate the respect for Christianity in relation to our legal requirements. It is my belief that where there is a conflict between culture and practice, UK law must prevail in the interests of justice.”

DAWN DIXON
Dawn Dixon is chairwoman of the Association of Women Solicitors and a partner in her own firm Dawn Dixon.

“My view is that lawyers, including both solicitors and barristers, must be allowed to wear clothing that complies with their religious beliefs unless there is an impact on representing their client effectively. Muslim barristers and solicitors have worn veils in the past with no detrimental effect on clients and little comment has been made judges, press or the public. Moreover, it is only a small proportion of women who wear the full veil as opposed to the head scarf. I don’t see a problem with women wearing the hijab in court because the face and mouth is fully visible.

“I suspect that some of these issues have been raised because of the public interest in the War on Terror. It is unfortunate that this has forced wider issues on practising Muslim barristers and solicitors in questioning their right to wear the veil. The issues raised send the wrong signal to the public because the Muslim community already feels marginalised.

“But I appreciate that there may be some practical issues in court cases if the veil is not lifted. This is particularly true with witnesses giving evidence in criminal cases. There have been cases where the wrong defendant has attended court to give evidence. So it may be necessary for criminal courts to operate a system where women who wish to wear the niqab must prove their identity to a female court official.

“An issue raised in the recent case of the immigration advocate Shabnam Mughal was that the immigration judge, George Glossop, said that he could not hear what she was saying and so asked her to remove her veil. In the circumstances where a judge, jury or the client feels that they cannot hear the advocate then modifications can be made. It may be possible for the advocate or a witness to wear a microphone, if her words are not being clearly transmitted through her veil.”

The 18,000-strong Association of Women Solicitors represents solicitors throughout England and Wales with members of all religious beliefs and backgrounds, including Muslims. It supports the Lord Chief Justice’s proposed guidelines on the wearing of the full veil in court which are based on religious tolerance and the view that generally wearing a veil will not prevent Muslim barristers and solicitors from carrying out their duties to the court or clients.

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