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Other Restrictions on Court Reporting
Article 6 of the European Convention on Human Rights protects the right to a fair and public hearing in the determination of civil rights and criminal charges. This article states that judgment is to be given publicly, but it allows for the press and the public to be excluded from court proceedings in the interest of ‘morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice’.
It is very unusual for courts to depart from the principle of open justice. There is a statutory power to do so in particular cases - for example, official secrets prosecutions - and a general power where the public’s presence would defeat the ends of justice. The courts have repeatedly stressed that it is only exceptional circumstances that will justify excluding the public or restricting reporting. The public may be present in court, but photography is prohibited.
These powers are in addition to restrictions on reporting which apply without the need for a specific order. Only very brief reports can be carried, for instance, of proceedings in a Magistrates’ Court of a case, which might eventually be sent to trial by a judge and jury at a Crown Court. Newspapers can name the parties, their lawyers and whether bail was granted, but very little else until the trial is over. A defendant has the right to have these restrictions lifted, but if the co-accused differs in his or her attitude to publicity, the court decides.
In sex offence cases the complainant must remain anonymous, even if the defendant is acquitted, unless the court orders otherwise or the complainant waives his or her right to anonymity.
Unlike the rest of the public, the press have a right to attend Youth Court hearings, but they are prohibited from identifying defendants or witnesses, or from publishing their photographs. Young people do not have automatic anonymity in other courts, but the courts can make orders in specific cases.
The Administration of Justice Act 1960 provides that the publication of information relating to proceedings before any court sitting in private shall not of itself be contempt of court except where:
The Court of Appeal has recently stated that hearings in chambers (a judge’s private rooms) are not confidential or secret, and information about what occurs in chambers should be made available to the public when requested. To disclose what occurs in chambers does not constitute a breach of confidence or amount to contempt as long as any comment that is made does not substantially prejudice the administration of justice. This is subject to the situations listed in the Administration of Justice Act 1960, and where the court orders otherwise.
In 1981, Parliament permitted the limited use of tape recorders in court with the judge’s leave. There are administrative directions that applications should be treated sympathetically. Taping can be used only as an aid in compiling an accurate record of what was said. Public reproduction is banned.
It is very unusual for courts to depart from the principle of open justice. There is a statutory power to do so in particular cases - for example, official secrets prosecutions - and a general power where the public’s presence would defeat the ends of justice. The courts have repeatedly stressed that it is only exceptional circumstances that will justify excluding the public or restricting reporting. The public may be present in court, but photography is prohibited.
These powers are in addition to restrictions on reporting which apply without the need for a specific order. Only very brief reports can be carried, for instance, of proceedings in a Magistrates’ Court of a case, which might eventually be sent to trial by a judge and jury at a Crown Court. Newspapers can name the parties, their lawyers and whether bail was granted, but very little else until the trial is over. A defendant has the right to have these restrictions lifted, but if the co-accused differs in his or her attitude to publicity, the court decides.
In sex offence cases the complainant must remain anonymous, even if the defendant is acquitted, unless the court orders otherwise or the complainant waives his or her right to anonymity.
Unlike the rest of the public, the press have a right to attend Youth Court hearings, but they are prohibited from identifying defendants or witnesses, or from publishing their photographs. Young people do not have automatic anonymity in other courts, but the courts can make orders in specific cases.
The Administration of Justice Act 1960 provides that the publication of information relating to proceedings before any court sitting in private shall not of itself be contempt of court except where:
- The proceedings relate to the exercise of the inherent jurisdiction of the High Court with respect to minors, are brought under the Children Act 1989 or otherwise relate wholly or mainly to the maintenance or upbringing of a minor.
- The proceedings are brought under the Mental Health Act 1969.
- The court sits in private for reasons of national security.
- The information relates to a secret process which is in issue in the proceedings.
- The court has expressly prohibited the publication of such information.
The Court of Appeal has recently stated that hearings in chambers (a judge’s private rooms) are not confidential or secret, and information about what occurs in chambers should be made available to the public when requested. To disclose what occurs in chambers does not constitute a breach of confidence or amount to contempt as long as any comment that is made does not substantially prejudice the administration of justice. This is subject to the situations listed in the Administration of Justice Act 1960, and where the court orders otherwise.
In 1981, Parliament permitted the limited use of tape recorders in court with the judge’s leave. There are administrative directions that applications should be treated sympathetically. Taping can be used only as an aid in compiling an accurate record of what was said. Public reproduction is banned.
