UK: Ban veils where credibility is questioned says Lord Neuberger

Women should not be permitted to wear veils in criminal trials according to Lord Neuberger, President of the UK Supreme Court.

The judge’s comments came in the wake of the UK Home Secretary’s review of the Sharia courts. He said no witness should be allowed to cover their face where there was a question of credibility, The Times reports.

He said: “I can see serious difficulties with the idea that a witness should have her head covered where evidence is contested. If there is any question of credibility, it should be uncovered.

“The jury system works in this country by contested evidence being decided by witnesses giving evidence before a jury and having credibility weighed — and one factor taken into account is the impression the witness makes and that includes being able to see the witness’s face.”

Lord Neuberger added that he had been previously misunderstood when he was reported as supporting the use of veils in court.

“What I was saying that — and I don’t think many would disagree — was that witnesses and parties in court may have beliefs, convictions, which are not those that most people have or the judge is familiar with and the judge should be sympathetic and understanding of those factors, such as a woman not used to appearing with her face uncovered.”

At present, he said guidance on the use of veils was not necessary and that judges had been deciding veil-wearing on a case-by-case basis and that that appeared to be working.

“If the case-by case system breaks down I would be happy to have a general policy. But if it is not necessary, don’t have it.”

He also said there might be situations where the judge allows a woman to retain her veil as her evidence is uncontested and it would not affect the jury’s view.

Lord Neuberger said of the government review expected to begin soon that “given the concerns that undoubtedly seem to exist, it seems right to have an investigation and a review”.