Access to open justice and court information- ML 1

What is the Scott v Scott ruling in 1913?

It established the importance of open court proceedings. Making them accessible to the public and media.

The Leveller Magazine Case

It reinforced that open courts should only be set aside if it frustrates justice.

Section 121 of magistrates court act 1980

It mandates that magistrates are to sit in open court, under statute law allows private sessions.

Article 6 of the European convention on human rights (ECHR)

Guarantee the right to be fair and public hearing.

Article 10 ECHR

Guarantee's freedom of expression and the right to impart information.

What does open justice do?

Informs the public and promotes confidence in the system . Publicity, especially negative publicity acts as a deterrent to wrongdoing. Journalists denied open justice should site ECHR 6 & 10.

Is notetaking and recording prohibited in court?

generally notetaking is permitted unless the court bans it due to specific concerns . The court can permit recording in exceptional circumstances, but journalists must apply, explaining their reasons.

What does Criminal Practice Direction 2.3 permit?

notetaking on paper or on silent electronic means, even in public galleries.

When can the media or notetaking be excluded?

Exclusion can occur when presence would ‘defeat the ends of justice’ such as intimidating witness. Exclusion may occur where unchecked publicity would defeat the object of the proceedings e.g. reveal trade secrets.

Children & Young persons act 1933

the public but not bona fide journalists are excluded from youth courts.

What does the youth justice and criminal evidence act 1999 section 25 allow?

exclusion of the public, except for one journalist, when a vulnerable witness is giving evidence. The journalist can then share their report with other journalists. If exclusion is sought, written application to the court is required. With a notice displayed and the media given the chance to challenge it.

Criminal Procedure Rule 5.8

Grants journalists the right to information about ongoing or recently concluded court cases, including youth court cases, subjecting to reporting restrictions. Allows cases heard more than 6 months ago, but requires written application explaining why the information is needed.

How can Journalists request information?

Verbally from a court officer without needing to state a reason. Despite some ushers and clerks incorrectly claiming otherwise, journalists have to right to the names of magistrates or the judge as established in R V Felixstowe justices.

The Dring Case

The Supreme court ruled in cape intermediate holdings that journalists should have access to documents in care if it benefits open justice, even if not read out in court. Journalists can request submission made by lawyers including opening notes and skeleton arguments. Similar rights to access documents exist in civil courts under the Civil Procedure rules, including the right to the ‘Statement of ease’

Are we (journalists) legally covered?

Absolute privilege applies to contemporaneous coverage of criminal or coroner court cases, including case documents officially provided by the court. Qualified privilege applies to non-contemporaneous reports including officially provided case documents. If a document is not read out in court or officially provided there is no legal protection for publishing it.

How to challenge?

All court orders must be obeyed until withdrawn or changed, even if believed to be wrong: always cite Article 10 of ECHR (freedom of info) The first step is an informal approach, asking the clerk to raise a point in court, followed by a formal approach by the editor if necessary. Judicial review is an expensive and time consuming option involving the KBD of the high court, often requiring collaborativeity with other media outlets.