The Niqaab and the Myth of Pinocchio's Nose: Is the Niqaab an Impediment to Fact Finding in an Adversarial Trial? An Analysis of R v D

Abstract: This article considers the current state of the law in respect of Muslim women who wish to wear the Niqaab while appearing in court. It reviews the approach of the courts in England and Wales to this issue cul-minating in the decision of R v D in September 2013 and compares this to the approach of other common law jurisdictions. The article considers whether the popular approach of placing the need to see the 'demeanour' of a witness above the right of that witness to manifest her religion is properly founded. The decision in R v D is discussed against the framework of article 9 of the European Convention of Human Rights and concludes that the requirement that it was neither necessary nor proportionate to place a precondition on the defendant in R v D that she removed her veil if she wished to testify in her own defence.