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UK U-turn on nationality question

04 Aug 2020 / justice Print

UK U-turn on nationality question

The UK government has been forced into a U-turn over defendants being required to state their nationality at their first appearance before criminal courts, according to the UK Gazette.

The Gazette reports that senior judges and lawyers told ministers that collecting nationality information at the start of criminal cases breached privacy laws. Only defendants who are convicted and given a prison sentence will now be asked to give their nationality, for the purpose of possible deportation.

Theresa May

Former prime minister Theresa May’s government introduced the controversial policy, in section 162 of the Policing and Crime Act 2017, as part of its ’hostile environment’ regime, with the aim of speeding up the removal of foreign criminals.

It came into force only a few months after a report by Labour MP David Lammy, now shadow justice secretary, highlighted racial bias in the UK’s criminal justice system.

Civil liberties campaigners had condemned the move for “bringing border controls into our courtrooms”.

'Racialised'

In May, a report from the non-profit criminal law firm Commons said the policy “racialised” the courts and undermined the impartiality of the criminal justice system.

The report revealed that 96% of legal practitioners surveyed did not support the policy, while 90% felt it had a negative impact on perceptions of fairness.

It also found that district judges, magistrates and legal advisers were often embarrassed to ask the question, which many defendants did not understand, and conflated nationality with race or ethnicity.

Data Protection Act

HM Courts & Tribunals Service emailed magistrates telling them to stop their legal advisers asking defendants their nationality “with immediate effect”.

This followed a decision by the Criminal Procedure Rule Committee, which is chaired by lord chief justice Lord Burnett of Maldon, that the collection of nationality information by the courts at the beginning of a case did not comply with the Data Protection Act 2018, as the detail was not necessary at that stage.

Gazette Desk
Gazette.ie is the daily legal news site of the Law Society of Ireland