week 5 - challenging restrictions and access to court docs

what is the principle of open justice and how does it affect media access to courts?

open courts mean court proceedings should be open to scrutiny to justice can be seen to be done

SCOTT V SCOTT - journalists have the right to be in court to report proceedings - members of public may be excluded in some circumstances

what rules govern openness in magistrates courts and the naming of magistrates

section 121 of the magistrates court 1980

• requires magistrates to sit in OPEN COURT

• unless there is a statutory exception

• magistrates must always sit in open court when sentencing someone

Magistrates cannot be anonymous: R V FELIXSTOWE EX P LEIGH established that “there is no such person kin on to law as an anonymous JP”

who may attend youth court proceedings and why are they restricted

SECTION 47 OF THE CHILDREN AND YOUNG PERSONS ACT 1933

• members of the public excluded from youth courts

• bona fide members of news gathering or reporting organisations are permitted to attend

what information can journalists obtain under criminal procedure rule 5.8

journalists can obtain information about ongoing criminal cases or those conducted within the last six months including:

• hearing date

• offences

• plea decisons

• bail conditions

• appeals

• identities of judges, prosecutors etc..

• defendants DOB and address

• reporting restrictions

when must a journalist make a formal written request for court information

a written request is required if:

• case is over 6 months old

• copies of case material are requested

• additional information beyond rule 5.8 is sought

must explain why info is needed

what additional access do journalists have under the criminal practice direction

CRIMINAL PRACTICE DIRECTION 1 (5B)

journalists should be given access to material such as:

• rule 5.8 information

• opening notes

• written submissions

• skeleton arguments for contemporaneous reporting

photos, videos, CCTV = supplied at courts discretion

which cases support journalists access to court documents

CAPE INTERMEDIATE HOLDINGS AND GUARDIAN NEWS AND MEDIA

• establish journalists should be given access to court documents where this advances the principle of open justice

what is the single justice procedure and how does it operate

SJP - allows certain summary offences to be dealt with in PRIVATE AND WITHOUT DEFENDANT PRESENT

applies where;

• the defendant is over 18

• has pleaded guilty by post/email

• failed to respond

• not objected to SJP

• offence is minor

what information must be published and supplied under the SJP

court officers must publish identifies of the defendant and prosecutor, alleged offences and any reporting restrictions. Under rule 5.8 accredited journalists should be supplied with:

• prosecution statement of facts

• witness statements

• defence mitigation

what access to journalists have to civil court documents

under rule 5.4C of civil procedure rules, journalists mat inspect and obtain copies of statements of case

e.g claim forms, defence and counterclaim

Rule 32.13 allows inspection of witnesses abatements used as evidence-in-chief. journalists may also obtain judgments heard in open courts

what additional civil case material may journalists access at judicial discretion

judges may allow access to:

• skeleton arguments

• written openings

if objected to journalists should rely on CAPE INTERMEDIATE HOLDINGS AND GUARDIAN NEWS AND MEDIA

how can journalists challenge court restrictions

1. pass note to usher or clerk

2. request to object

3. obtain written order

4. submit written arguments citing case law: Article 10 ECHT and judicial college guideline

where do appeals against court decisions go

appeals from magistrates go to the queens bench division of the high court

appeals from crown court decisions go to the court of appeal under section 159 of the criminal justice act 1998

what are special measures and when are they used

under the youth and justice and criminal evidence act 1999, courts may order special measures to assist vulnerable or intimidated witnesses

include:

• screens

• video links

• removal of wigs and gowns