simsim elmasry
21-03-2012, 12:41 PM
Should the veil always be allowed in court?
A juror was asked by a judge to stand down from a crown court case because she was wearing a niqab
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A woman wearing the niqab, or full veil. Photograph: Fred Dufour/AFP/Getty Images
The curious episode of the juror asked to withdraw from a crown court case because she was wearing a niqab, or full veil, raises a number of questions.
Judge Aidan Marron QC interrupted the woman as she was about to take the oath for an attempted murder trial at Blackfriars crown court this week and inquired whether she preferred not to remove her veil.
The woman, who was otherwise wearing western clothing, replied: "Yes", and was then asked to step down.
So is this fair play? Official guidance on the 'wearing of veils in court' was issued in 2007. On jurors, it says: "If a person's face is almost fully covered a judge may have to consider if any steps are required to ensure effective participation and a fair hearing – both for the woman wearing a niqab and for other parties in the proceedings."
Introducing the guidelines five years ago, Mrs Justice Cox explained: "We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount." For victims and defendants, the document notes, "a sensitive request to remove a veil may be appropriate".
Muslim lawyers are permitted to appear in full veil and argue cases as long as they can be heard clearly and the fact that their faces cannot be seen does not "impede" justice.
Mahmud Al-Rashid, a barrister and committee member of the Association of Muslim Lawyers (http://www.aml.org.uk/cms/), says this is the first incident he has heard of its kind. He says he's "sure the lady would have had the capacity to do the job" but it's about everyone perceiving that a trial is fair
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topic link
http://www.guardian.co.uk/law/shortcuts/2012/mar/20/veil-always-allowed-court
A juror was asked by a judge to stand down from a crown court case because she was wearing a niqab
http://static.guim.co.uk/sys-images/Guardian/About/General/2012/3/20/1332262799747/A-woman-wearing-a-niqab-o-007.jpg
A woman wearing the niqab, or full veil. Photograph: Fred Dufour/AFP/Getty Images
The curious episode of the juror asked to withdraw from a crown court case because she was wearing a niqab, or full veil, raises a number of questions.
Judge Aidan Marron QC interrupted the woman as she was about to take the oath for an attempted murder trial at Blackfriars crown court this week and inquired whether she preferred not to remove her veil.
The woman, who was otherwise wearing western clothing, replied: "Yes", and was then asked to step down.
So is this fair play? Official guidance on the 'wearing of veils in court' was issued in 2007. On jurors, it says: "If a person's face is almost fully covered a judge may have to consider if any steps are required to ensure effective participation and a fair hearing – both for the woman wearing a niqab and for other parties in the proceedings."
Introducing the guidelines five years ago, Mrs Justice Cox explained: "We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount." For victims and defendants, the document notes, "a sensitive request to remove a veil may be appropriate".
Muslim lawyers are permitted to appear in full veil and argue cases as long as they can be heard clearly and the fact that their faces cannot be seen does not "impede" justice.
Mahmud Al-Rashid, a barrister and committee member of the Association of Muslim Lawyers (http://www.aml.org.uk/cms/), says this is the first incident he has heard of its kind. He says he's "sure the lady would have had the capacity to do the job" but it's about everyone perceiving that a trial is fair
this topic from
http://static.guim.co.uk/static/bc264d745e364c365effbfc14bbdd108f667f1af/common/images/logos/the-guardian/news.gif
topic link
http://www.guardian.co.uk/law/shortcuts/2012/mar/20/veil-always-allowed-court