Open Justice and access to court information Flashcards
What are the key principles of open court?
Scott v Scott 1913
Every court should be open to every citizen
Press and public cannot be ejected to save embarrassment
Courts should only sit in private if the presence of the press ‘frustrate the courts primary objective’
What does in chambers mean?
Occasions when a hearing usually preliminary is held in the judges chambers or another room rather than a formal courtroom
What does in camera mean?
When the public and the media are excluded from all of part of the main hearing in a case eg a criminal trial.
The hearing is effectively being held in secret
What does in private mean?
Used to get both in chambers and in camera
A hearing may be held in chambers for administrative convenience rather than because of a decision or rule that is should be private
When are the common law exclusions?
When the presence of the press and public would-
Frustrate the process of justice - eg when a woman or child can not be convicted to give evidence on a sexual trial in front of strangers
When unchecked publicity would defeat the whole object of the proceedings - eg when a case concerns a trade secret, when it relates to national security which could be damaged by the publicity
When the court is exercising a parental role to protect the interests of vulnerable children
If the public are lawfully excluded are journalists supposed to leave?
Journalists mustn’t necessarily leave too
Rowdy supporters of a defendant may be banned or ejected but journalists aren’t going to be rowdy
Does the risk that publicity might damage the defendants business be enough to excuse the press?
Nope xo
What does article 6 of the ECHR say?
Everyone is entitled to a fair and public hearing
Which article of the ECHR must a journalist use in challenging exclusion from court?
Article 10
Protect the right to impart information - report the court case
And the publics right to receive it - to know what’s happening in the case
What is the restrictions on indecent evidence in court?
Sec 47 of the CYPA 1933 gives any court the power to exclude the public - not journalists when a witness aged under 18 is giving evidence in a case involving indecency
What are the rules on sexual history in court?
Sec 43 of the YJCEA 1999 requires a court hearing an application to introduce evidence or questions about a complaints sexual history eg rape case to sit in private
Reflects the sensitivity of someone who may have suffered rape being questioned about his/ her sex life
The court must give its decision on whether such evidence will be allowed and its reasons in open court
What are the rules on one journalist can stay in court?
Sec 25 of the YJCEA 1999
Allows a court to make a special measures direction to exclude the public and some journalists when eg a witness is due to testify in a sexual offence case or when there are reasonable grounds for believing that someone other than the defendant wants to intimidate the witness but one journalist can stay in court
What are the rules in official secrets trials?
If a defendant is accused of spying for a foreign power of disclosing state secrets journalists and members of the public may be excluded on national security grounds when evidence is given
What are the rules on sentence reviews for informants?
Sec 75 of the series organised crime and policing act 2005 says
A crown court may exclude the public and press when revising a sentence previously imposed on a defendant who pleaded guilty and who has given or offered assistance
What are the rules on closed material procedures?
Controversial provisions for closed material procedures are enacted in part 2 of the justice and security act 2013 to allow a court considering a civil claim to hear evidence in private and without the claimant having access to it if it accepts that disclosing the evidence would damage national security
What does the civil procedure rules cover?
Part 39 says that a hearing is to be in public but a part of that hearing may be in private if…
Publicity would defeat the object of the hearing
It involves matters relating to national security
Involves confidential information
It is necessary to protect the interests of any child or protected party
It is an ex parte application - one party is not yet aware of the proceedings and it would be unjust to any respondent for there to be a public hearing
Involves uncontentious matters arising in the administration of trusts or a deceased estate
The court considers a private hearing necessary in the interests of justice
What is ex parte?
A hearing made without notice
What is rule 5.8?
Gives members of the public including reporters whether in the court room or phoning the right to obtain certain details of a case
This applies if the court officer has the details, if the case is ongoing or the verdict was not more than 6 months ago and if no reporting restrictions prohibits supply of the details
What information can be given to the public according to rule 5.8?
The date of any public hearing
Each alleged offence and any plea entered
The courts deciding at any public hearing including any decision on bail or the sending of the case to another court
Whether the case is under appeal
The outcome of any trial or appeal
The identity of the prosecutor, defendant, the parties reps including addresses, name of the judge, magistrates
According to which rules must any written statement by a witness - including guilty pleas - be read aloud in court?
Rules 24.5 and 25.15 of the criminal procedure rules
What does part 5B of the criminal practice directions 2013 say?
Opening notes, written submissions and Skeleton arguments should be provided to journalists
What is a skeleton argument?
Documents in which each side sets out the basis of the case
What statute is there to look at for reporting in court?
CYPA 1933
YCJEA 1999
OSA 1989
