Why everyone should wear a veil in court

Humans are terrible lie detectors, but we believe ourselves to be practically flawless. That's why banning the veil in court will never lead to better justice.

This week, a judge at Blackfriars Crown Court in London ruled that a Muslim woman can wear the veil, or niqab, in court, but must remove it when giving evidence.

Some immediately said he should have gone further. For instance, the redoubtable Janice Turner of The Times declared on Twitter that the decision makes “an awful precedent”. She argued that being able to observe a person is important when coming to a decision about their guilt. Janice’s views echoed those of the National Secular Society, which told the BBC it’s “vital” that defendants’ faces are visible “at all times”. In other words, veils should be banned from court, tout court.

I agree that the judge’s compromise is unsatisfactory, and I too would like to go further, but in the opposite direction. I think we’d have a better justice system if all witnesses were made to wear a veil.

In the course of researching my book Born Liars, I spent a lot of time reading the academic literature on lie detection, and talking to scientists who study interrogation techniques. I found a surprising scientific consensus: people are less good than they think they are at judging a person’s truthfulness by observing their demeanour. Humans, it turns out, make erratic lie detectors. But here’s the funny thing: we think we’re great at it.

In a landmark study from 2006, the researchers Charles Bond and Bella DePaulo asked 2,520 adults in sixty-three countries how to spot a liar. Most people confidently explained that liars stutter, squirm and avert their gaze. The same preconception persisted in every culture studied. The trouble is, it’s not accurate. As a result, it leads us astray.

A person telling a lie may look their interlocutor in the eye. They may well – especially if they have had time to prepare – be just as fluent, if not more so, than a truth-teller. Conversely, some people, even when they’re telling the truth, appear shifty and uncomfortable, especially under pressure.

We’ve all encountered successful liars. So why, Shakespeare’s warning notwithstanding, do we continue to believe that we can “find the mind’s construction in the face”? Emily Pronin, a psychologist at Princeton University, points to a fundamental imbalance in the way people relate to each other.

When you physically encounter me, there are two things that are more prominent in your mind than in mine: my face and your thoughts. As a result you give too much credence to what you think you can tell from my face, while remaining confident that your own thoughts are entirely private.

Studies have found that people consistently over-estimate how much they can learn about others in job interviews, while at the same time believing that others can get only an unreliable glimpse of what they’re thinking or feeling. The model we work with is something like this: I am never quite what I seem; you are an open book. Pronin calls it “the illusion of asymmetric insight”.

It’s an illusion that sits at the heart of our justice system. The lawyer and fraud specialist Robert Hunter, whom I interviewed for the book, calls it “the demeanour assumption”: this assumption that we can read others’ faces like a book. Hunter believes that the demeanour assumption regularly misleads interrogators, judges and juries.

When a jury is trying to come to a decision, they need to take all sorts of information into account. What a witness is doing with their face while talking is, to a large extent, noise in the data, a hindrance to the search for truth. In their study, Bond and DePaulo found that “people are more accurate in judging audible than visible lies”.

Critics of the veil like to refer to the long traditions of our justice system. But if niqab-wearing women make us pay attention to this flaw in the system for the first time, isn’t that a good thing?

We can stop witnesses wearing veils. Or we can make all witnesses wear them. Either way, let’s not pretend that banning the veil in court will lead to better justice.

Two women wearing the niqab in London. Image: Getty

Ian Leslie is a writer, author of CURIOUS: The Desire to Know and Why Your Future Depends On It, and writer/presenter of BBC R4's Before They Were Famous.

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A global marketplace: the internet represents exporting’s biggest opportunity

The advent of the internet age has made the whole world a single marketplace. Selling goods online through digital means offers British businesses huge opportunities for international growth. The UK was one of the earliest adopters of online retail platforms, and UK online sales revenues are growing at around 20 per cent each year, not just driving wider economic growth, but promoting the British brand to an enthusiastic audience.

Global e-commerce turnover grew at a similar rate in 2014-15 to over $2.2trln. The Asia-Pacific region, for example, is embracing e-marketplaces with 28 per cent growth in 2015 to over $1trln of sales. This demonstrates the massive opportunities for UK exporters to sell their goods more easily to the world’s largest consumer markets. My department, the Department for International Trade, is committed to being a leader in promoting these opportunities. We are supporting UK businesses in identifying these markets, and are providing access to services and support to exploit this dramatic growth in digital commerce.

With the UK leading innovation, it is one of the responsibilities of government to demonstrate just what can be done. My department is investing more in digital services to reach and support many more businesses, and last November we launched our new digital trade hub: www.great.gov.uk. Working with partners such as Lloyds Banking Group, the new site will make it easier for UK businesses to access overseas business opportunities and to take those first steps to exporting.

The ‘Selling Online Overseas Tool’ within the hub was launched in collaboration with 37 e-marketplaces including Amazon and Rakuten, who collectively represent over 2bn online consumers across the globe. The first government service of its kind, the tool allows UK exporters to apply to some of the world’s leading overseas e-marketplaces in order to sell their products to customers they otherwise would not have reached. Companies can also access thousands of pounds’ worth of discounts, including waived commission and special marketing packages, created exclusively for Department for International Trade clients and the e-exporting programme team plans to deliver additional online promotions with some of the world’s leading e-marketplaces across priority markets.

We are also working with over 50 private sector partners to promote our Exporting is GREAT campaign, and to support the development and launch of our digital trade platform. The government’s Exporting is GREAT campaign is targeting potential partners across the world as our export trade hub launches in key international markets to open direct export opportunities for UK businesses. Overseas buyers will now be able to access our new ‘Find a Supplier’ service on the website which will match them with exporters across the UK who have created profiles and will be able to meet their needs.

With Lloyds in particular we are pleased that our partnership last year helped over 6,000 UK businesses to start trading overseas, and are proud of our association with the International Trade Portal. Digital marketplaces have revolutionised retail in the UK, and are now connecting consumers across the world. UK businesses need to seize this opportunity to offer their products to potentially billions of buyers and we, along with partners like Lloyds, will do all we can to help them do just that.

Taken from the New Statesman roundtable supplement Going Digital, Going Global: How digital skills can help any business trade internationally

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