The United Kingdom Identity Cards Act 2006 Civil or Criminal?

After much controversy and debate, the United Kingdom Parliamentpassed the Identity Cards Act in March 2006. The new nationalidentity registration scheme established under the legislationwill be in operation in 2 years. Initially the scheme will notbe generally compulsory, though the intention is eventuallyto make it mandatory. The Act uses a mix of civil penalty andoffence provisions as part of its enforcement regime. This articleconsiders the approach of the legislation, particularly thepractical implications of authentication and verification ofidentity under the scheme and the potential impact on the effectivenessof the enforcement regime, having regard to the right againstself-incrimination under the Human Rights Act 1988 (UK) andArticle 6 of the Convention for the Protection of Human Rightsand Fundamental Freedoms 1950, and the common law privilegeagainst self-incrimination.