Tag Archives: Nationality

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

Criminal Defence lawyers in the UK are now 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 13 November implementation-ie by 13 February. 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 very concerned about the requirement for defendants to state their nationality in open court pre-conviction and may be able to assist you or your clients to bring a challenge.  If you or one of your clients have any concerns and want to be advised as to whether you can challenge this requirement then please contact them or contact me gregfoxsmith@msn.com and I can put you in touch with them.