Muslim women will be allowed to wear a
veil in court under new guidelines issued following a dispute last year.
The Judicial Studies Board's Equal Treatment Advisory Committee examined whether women should be allowed to wear the full facial covering, the
niqab.
Decisions should be made on each case and veils should not interfere with
the administration of justice, it found.
It follows the adjournment of a case in Stoke-on-Trent, Staffs, after a legal advisor refused to remove her veil.
Judge George Glossop said he was having difficulty hearing legal executive Shabnam Mughal at the immigration court in November.
The guidelines say forcing a woman to choose between her religious identity and taking part in a court case could have a "significant impact on that woman's sense of dignity" and could serve to "exclude and marginalise" her.
Committee chairwoman Mrs Justice Cox said: "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."
She said a judge may consider taking action to allow a fair hearing
for women wearing a niqab and others in proceedings.
The guidelines say if the wearer is a victim it should not be "automatically assumed" that the niqab would create a problem.
"Nor should it ever be assumed without good reason that it is inappropriate
for a woman to give evidence in court wearing the full veil."
Any request to remove a veil should be considered carefully and be
"thoughtful and sensitive" and the courtroom could be cleared of those
not involved in the case for her proceed.
Judges should assume female Muslim lawyers are entitled to wear the veil,
the guidelines say.
A judge may consider excusing a juror if a challenge is made by one of the parties, providing the objection is genuine.
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