Defendants having to identify their nationality in court -an appeal for a defendant to act as claimant in JR.

Dear members, 

You are probably already familiar with the extraordinary requirement that at every court hearing defendants are required to identify their nationality, with potential prosecution and imprisonment for any who do not comply.

(See blog Name Number and Nationality for more detail on the provisions and their inherent absurdities)

Anecdotally there does not yet seem to be a case arising as most defendants, albeit with some bewilderment, comply (do let me know if I am wrong about that)

Sooner or later somebody will be charged and convicted of “failing to identify their nationality”, and let us hope that whoever takes the “case stated” appeal gets it right. 

In the meantime, there is an opportunity to JR the provision as a whole, irrespective of whether there was compliance, but this has to be brought within three months of the November implementation-ie next month.These  provisions can arguably (and certainly should) be challenged due to the inherently discriminatory nature of this legislation.

Liberty (https://www.liberty-human-rights.org.uk/) are poised to launch a case, but need to find a claimant. 

This needs to be someone who:-

- has had to confirm their nationality in a criminal court as a result of this legislation, and was offended by it, irrespective of whether they answered correctly or at all (in other words, no need for them to have been charged) 

-care enough to be the “public face” of the JR as the identified claimant 

-In addition, they need to be eligible for (civil) legal aid.

Do you have or know of a client who may be eligible and interested? Please let me know and I WILL PUT THEM IN TOUCH WITH THE TEAM AT LIBERTY.

Thank you

Greg

Greg Foxsmith, 

07980 846330

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