1. Felicity Gerry QC www.felicitygerry.com @felicitygerry FEMALE DEFENDANTS….. PERSPECTIVES ON OPEN JUSTICE.

2. Recognised in the Legal 500 as a “Fearless and effective advocate” and “Tenacious in court” and “An expert in the field of sex offences”. Co-author of The Sexual Offences Handbook. Chaired the televised section of the G20 gender equality forum. Chair of the Research and Research Training Committee in the School of Law at Charles Darwin University. Research focussing on women and the law - data and rights including FGM, Human Trafficking and the rule of law online.

3. EXPERIENCE OF DISCRIMINATIONEXPERIENCE OF DISCRIMINATION EXPERIENCE OF GENDER INEQUALITYEXPERIENCE OF GENDER INEQUALITY DON’T’ BELIEVE IN FITTING INDON’T’ BELIEVE IN FITTING IN FIRM VIEW – NO FACE VEIL IN COURTFIRM VIEW – NO FACE VEIL IN COURT FIRM VIEW – NO RELIGION IN SCHOOLSFIRM VIEW – NO RELIGION IN SCHOOLS FIRM VIEW – NO VEIL BANFIRM VIEW – NO VEIL BAN PERSONAL VIEWS

4. FRANCE – A DYSTOPIAN FUTURE – COVER UP, STAY INDOORS, NO CITIZENSHIP ETCFRANCE – A DYSTOPIAN FUTURE – COVER UP, STAY INDOORS, NO CITIZENSHIP ETC VOICES OF OTHERS….VOICES OF OTHERS…. A commitment to participate in and contribute to the formation of unity among nations so that eventually an ideal of sisterhood is achievedA commitment to participate in and contribute to the formation of unity among nations so that eventually an ideal of sisterhood is achieved Indiscriminately foisting our own views / systems on society will not work and is self defeatingIndiscriminately foisting our own views / systems on society will not work and is self defeating MOST FRIGHTENING IS THE CASES DECIDED WITHOUT EVIDENCEMOST FRIGHTENING IS THE CASES DECIDED WITHOUT EVIDENCE LIVING TOGETHER

5. FULL FACE VEIL OPEN JUSTICEOPEN JUSTICE COMMUNICATIONCOMMUNICATION DEFENDANT’S RIGHTSDEFENDANT’S RIGHTS GENDER EQUALITYGENDER EQUALITY COMMON SENSECOMMON SENSE 5 ISSUES

6. 1.OPEN JUSTICE Justice done and seen to be doneJustice done and seen to be done Public hearingPublic hearing Entitled to knowEntitled to know ImpartialityImpartiality Free from influenceFree from influence Maintaining confidence in the administration of justiceMaintaining confidence in the administration of justice

7. 2.COMMUNICATION Actors in court Judge / Magistrate Court staff Advocates Jury Witnesses (including defendants) Facilitating that each defendant’s case is seen, heard and understood. Enabling the court to reach its decision on the best available evidence. Special measures – will solve most issues if properly applied Extreme cases – evidence / sanction: Wrong to assess religious devotion and wrong to prevent giving evidence. Extreme cases – evidence / sanction: Wrong to assess religious devotion and wrong to prevent giving evidence.

8. 3.DEFENDANT’S RIGHTS Free from influenceFree from influence Without prejudiceWithout prejudice Communication with their advocateCommunication with their advocate Presentation for the judge and juryPresentation for the judge and jury Verbally and visually giving their best evidenceVerbally and visually giving their best evidence Beware demeanor research – in court rarely solely a question of lies but a much more complex exercise of proof and reliability “Seeing what you have to say”

9. 4.GENDER EQUALITY Historic contextHistoric context Women as propertyWomen as property Verse on menVerse on men Modern interpretation of versesModern interpretation of verses Witness not womanWitness not woman Not a question of chastity in court but public dutyNot a question of chastity in court but public duty External influenceExternal influence First not second class opportunityFirst not second class opportunity

10. 4.COMMON SENSE Limited circumstancesLimited circumstances When giving evidenceWhen giving evidence With special measuresWith special measures AlternativesAlternatives Judicial direction impossibleJudicial direction impossible No guidanceNo guidance Draw attentionDraw attention Dial in?Dial in?

11. Principles cannot be applied without evidencePrinciples cannot be applied without evidence Experience in field of FGM is that in such complex issues the law doesn’t work alone– the face veil is another issue which relies on community teaching - here that removing the veil is not an issue in court.Experience in field of FGM is that in such complex issues the law doesn’t work alone– the face veil is another issue which relies on community teaching - here that removing the veil is not an issue in court. Do not want women excluded from jury serviceDo not want women excluded from jury service Encourage marginalised women to participateEncourage marginalised women to participate Facilitate witness evidenceFacilitate witness evidence Take each case on its facts – recent crown Court decision was an issue of alleged perverting the course of justiceTake each case on its facts – recent crown Court decision was an issue of alleged perverting the course of justice

12. NEVER REACHING A SITUATION WHERE THE WEARING OF A FULL FACE VEIL BECOMES ROUTINELY ACCEPTABLE IMPOSSIBLITY OF RECONCILING FREEDOM OF CHOICE WITH RELIGIOUS IMPOSITION JUSTICE ACCEPT NO NORMS BALANCE