OPEN JUSTICE STATUTES

Question 1

Attorney General v Leveller Magazine Ltd

Answer 1

States that departure from that principle is only justified: “if the administration of justice would otherwise be ‘frustrated or rendered impracticable’”

Departing from the open justice rule by excluding the press and public from court cases is only justified in common law in three sets of circumstances:

• When their presence would frustrate the process of justice – e.g. child afraid to give evidence in front of strangers
• When unchecked publicity would defeat the object of the proceedings – such as when the case concerns a trade secret or matter of national security
• When the court is exercising a parental role to protect the interests of vulnerable people – children in family law cases or people with mental incapacity or mental illness

Question 2

SECTION 121 MAGISTRATES COURT ACT

Answer 2

Magistrates must sit in open court when trying a case or considering jailing someone, or hearing civil law complaint unless other statute law permits them to sit in private

Question 3

SECTION 37 CHILDREN AND YOUNG PERSONS ACT 1933

Answer 3

Gives court power to ban public, but not journalists, when a witness under 18 is giving evidence in a case involving indecency

Question 4

SECTION 43 YOUTH JUSTICE CRIMINAL EVIDENCE ACT

Answer 4

Requires an application to introduce evidence of questions about a complainants sexual history in court hearing

Question 5

SECTION 25 YOUTH JUSTICE CRIMINAL EVIDENCE ACT

Answer 5

Gives court power to make a special measures direction to exclude the public and some journalists when a witness is due to give evidence in a sexual offence/trafficking/slavery case

Question 6

CRIMINAL PRACTISE DIRECTIONS

Answer 6

The default position is criminal courts is that anyone can make notes of a hearing on paper or by ‘silent electronic means’

Unless the court specifically bans this because could interfere with the administration of justice

Question 7

CRIMINAL PROCEDURE RULE 5.8

Answer 7

Same rule means that anyone, including journalist should normally be supplied by the court officer with the allowed information about any criminal case when ongoing

Or in which the verdict was not more than six months ago

e.g. alleged offences, pleas, trial outcomes, identities of defendant and lawyers

Question 8

CRIMINAL PRACTISE DIRECTIONS 5B

Answer 8

Says the opening notes, written submissions, skeleton arguments used by counsel in criminal courts should normally be provided to journalists who want to report cases contemporaneously

A request for access to case documents should first be addressed to the party who presented them to the court, and if that party refuses the request can be made to court

Question 9

CIVIL PROCEDURE RULES

Answer 9

Civil Procedure Rules normally allow a journalist reporting a civil case to inspect and obtain a copy of the ‘statement of case’ when:

The claim has been listed for a hearing

All defendants have filed acknowledgements of service or defences

If judgment has been entered (given)

Example documents in 'statement of case'
claim form
 particulars of claim
 defence
 and also any counter-claim
 any reply to the defence

Question 10

CHALLENGING A COURT ORDER

Answer 10

They can do this by approaching the clerk of the court by asking the usher to pass them a note

Question 11

ARTICLE 10 EUROPEAN CONVENTION OF HUMAN RIGHTS

Answer 11

Everyone has right to receive and impart information and ideas without interference by public authority

Challenges to proposed or imposed reporting restrictions or in applications by a journalist to see case material can cite Article 10