Open Justice Flashcards
What is common law?
Common law, statue and courts procedural rules enshrine the open justice principle. Criminal courts should give reporters basic details of cases including magistrates names. Defendants details should normally be given in open court.
Reporters covering open court should be able to see case material unless rule prevents this.
A protocol enables the media to have access to some types of prosecution material unless rule prevents this.
The civil procedure rules enables journalists to get copies of and inspect documents in civil cases. OPEN COURTS A FUNDAMENTAL RULE IN COMMON LAW.
What is the Scott V Scott case?
In 1913 the house of lords in Scott V Scott AC417 affirmed that common law that normally courts should administer justice in public. Lord Atkinson said in this case: “It is felt in open justice trial it is found the best security for the pure and impartial and efficient administration of justice the best means for winning for the public confidence and respect.
What are the exceptions to open justice?
Excluding the press and public in open court cases is only justified in common law in there sets of circumstances:
When their presence would frustrate the process of justice.
When unchecked publicity would defeat the object of proceedings.
When the court is exercising a parental role to protect the interests of vulnerable people.
What does rule 5.8 say?
Case law says that a court must give the media and public names of magistrates.
The date of any public hearing in the case.
Each alleged offence and the plea.
The courts decision at any public hearing including any decision about bail or sending.
Appeal.
The outcome of any trail.
The identity of the prosecutor, defendant and the parties respective.
What are the societal benefits of Open Justice?
• It promotes public confidence in and respect for the administration of justice in all types of proceedings, civil or criminal; and deters inappropriate behaviour on the part of the court
• It enables the public to know that justice is being administered impartially
• Full, contemporaneous reporting of criminal trials in progress promotes the values of the rule of law
• It puts pressure on witnesses to tell the truth – they are less likely to lie if the public and/or reporters are in court
• It allows the public to scrutinise the processes by which criminal cases are investigated and brought.
[Learn at least two of these: see McNae’s 15.1.1 and Open Justice handout]
• It can result in evidence becoming available which would not become available if the proceedings were conducted behind closed doors or with one or more of the parties’ or witnesses’ identity concealed.
• For example, a person who reads a media report of a case may come forward with new evidence
• Publicity about criminal trials, including convictions, and the identities of defendants, is a deterrent to anyone considering committing crime
• It reduces the likelihood of uninformed, inaccurate comment and rumours about the proceedings, including about what is said in them.
What is part 5B?
Skeleton arguments. Each side in a civil case draws up a skeleton argument - a document summarising its arguments in law. They have to allow a journalist to see these arguments.
Guardian V Westminster Magistrates.
Courts not sitting in public:
In Chambers: A preliminary hearing held in the judges room or another room other than a court one.
In camera - when the public and the media are excluded from all or part of the main hearing of the case.
In private - covers both terms.
