Lord Neuberger ‘fairness in courts’ lecture distorted by media

Headlines like “Britain’s top judge says Muslim women should be allowed to wear full veil in court” have prompted Lord Neuberger to respond.

A spokesman for the Supreme Court confirmed that Lord Neuberger had made no such call in his ‘Fairness in the Courts’ lecture to the Criminal Justice Alliance earlier this month.

The spokesman said: “Following various media reports based on a lecture he gave last week, Lord Neuberger would like to emphasise that he did not say that Muslim women should be allowed to wear a full-face veil while giving evidence in court.

“His lecture was aimed at encouraging judges to develop a greater understanding of the perspectives of those less experienced in the criminal justice system, especially when faced with having to give evidence or face cross-examination.

“Lord Neuberger mentioned a number of examples of cultural and religious views and practices which might lead some people to find such an experience intimidating, but made it clear that the court’s primary duty is to establish the truth and determine cases fairly.”

The speech had made reference to “unconscious bias” among judges and called for judges to show respect to defendants from poor, foreign and uneducated backgrounds.

In his speech, Neuberger had said: “Judges have to show, and have to be seen to show, respect to everybody equally, and that requires an understanding of different cultural and social habits.

“It is necessary to have some understanding as to how people from different cultural, social, religious or other backgrounds think and behave and how they expect others to behave. Well known examples include how some religions consider it inappropriate to take the oath, how some people consider it rude to look other people in the eye, how some women find it inappropriate to appear in public with their face uncovered, and how some people deem it inappropriate to confront others to be confronted - for instance with an outright denial.

“More broadly, judges should be courteous and, generally, good-humoured; and, while they should be firm, they should never, however great the temptation, lose their temper.”

Judges in parts of the UK have been waiting for specific guidance on how to deal with veils in the courtroom since 2013, but none has so far emerged.

Compromises have been made on a case-by-case basis in courts in England in Wales in lieu of a resolution in Parliament or the Supreme Court.

The full text of Lord Neuberger’s speech can be read here.