The United Kingdom Identity Cards Act 2006 - Civil or criminal?

Abstract

After much controversy and debate, the United Kingdom Parliament passed the Identity Cards Act in March 2006. The new national identity registration scheme established under the legislation will be in operation in 2 years. Initially the scheme will not be generally compulsory, though the intention is eventually to make it mandatory. The Act uses a mix of civil penalty and offence provisions as part of its enforcement regime. This article considers the approach of the legislation, particularly the practical implications of authentication and verification of identity under the scheme and the potential impact on the effectiveness of the enforcement regime, having regard to the right against self-incrimination under the Human Rights Act 1988 (UK) and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950, and the common law privilege against self-incrimination.