WA Parliament Considering Criminal Burqa Law Changes

Monday 4 November 2013 @ 12.05 p.m. | Crime

The Western Australian government has introduced new proposed legislation that would require women to remove their burqa or niqab to prove their identity to police.

The legislation follows the public outrage about the case of Carnita Matthews, a burqa-wearing mother who had her conviction of knowingly making a false statement quashed, as the prosecution could not prove she was the woman who had made the statement.

The legislation, which was passed by the Legislative Assembly on Thursday, was amended following consultation with the Muslim and Sikh communities. Earlier drafts stated police would be able to require someone to remove their headwear for the purposes of identification; however, the government then agreed to change the word 'headwear' to 'face covering,' addressing some of the communities' concerns.

The newly amended bill, the Criminal Investigation (Identifying People) Amendment Bill 2013 also helps police to take DNA from suspects, with the definition of "identifying particular" expanded to allow the use of dental impressions, hair samples and other body tissues. It also sets out a process for applying to a magistrate for a warrant when samples are required from juvenile suspects who have not been charged when there is no responsible person, or they cannot be found, or it is impracticable to make requests to them.

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