Open Justice Flashcards
What is Open Justice?
Justice must be done and seen to be done
allows public scrutiny of cases/investigations
Encourages witnesses to tell the truth
Can act as a deterrent
What are the societal benefits of open justice?
Reporting of cases promotes public confidence in the justice/courts system
Deters inappropriate behaviour on part of court
Full reporting promotes the values of the rule of law
Puts pressure on witnesses to tell the truth
May lead to further evidence available
Ensuring report of case identifies defendant as regards to them committing other offences
Helps public understand case and scrutinise
Avoids false rumours
When can cases depart from open justice?
Can be held in private with good and lawful reason
In chambers - judge’s room
In camera - in court without press and public
Press and public can be excluded
Restrictions/orders/special measures can be imposed and challenged
When can courts depart from OJ in common law?
Has to be GOOD and LAWFUL reason to exclude press and public
Open justice overriden when it would frustrate or impede the admin of justice or render it impractical
- Where it benefits justice, e.g. child witness evidence on sexual case
- State security demands secrecy
- Where secret process discussed in evidence
When can courts depart from OJ in statute law?
Magistrates Courts Act Section 121: Hearings should be held in public
Children and Young Persons Act Sn 37: Juvenile giving evidence re indecency offence, Public excluded but not press
Youth Justice and Criminal Evidence Act Section 46 Order: Public gallery can be cleared when vulnerable
witnesses give evidence, Eg. Sexual offence complainant giving evidence
about sexual history
BUT one member of the press should be allowed to remain
