Court photography ban under review in transparency drive

A ban imposed nearly 100 years ago on photography in courts could be lifted under ideas being floated by the government to make the justice system more transparent.

A call for evidence published by the Ministry of Justice today asks if the 1925 prohibition on photography and 1981 prohibition on sound recording remain fit for purpose.

The Crimes and Courts Act 2013 allows the ban to be disapplied in certain circumstances by secondary legislation. For instance, the Court of Appeal and Competition Appeal Tribunal can broadcast proceedings. The Crown court can broadcast sentencing remarks. The Supreme Court is excluded from the two bans because cases heard by the UK’s highest court, which was established in 2009, would have previously been heard in the House of Lords where broadcasting was allowed.

‘Most court sittings take place when people are at work, and consequently, many people base their views of the court system from dramatised portrayals in television or films,’ the Ministry of Justice’s call for evidence says. 'The broadcast media can play a part in opening up the courts to the public, demystifying the criminal justice process, and increasing understanding of sentencing.’

The call for evidence asks if all open court hearings should allow for livestreaming and remote observation, and whether any types of non-court building would be particularly suitable to be designated livestreaming premises. 

Views are sought on what judgments or decisions people would most like to see published online that are currently unavailable and what other court records should be made available.

Rules on non-parties accessing case documents vary across jurisdictions. While most non-parties seeking access are members of the media, the consultation says applicants now increasingly include NGOs and academics. Views are sought on why non parties want access to court or tribunal documents and what material should, at a minimum, be provided to them.

The government last consulted on open justice in 2012.

'We will consider all evidence submitted to this review and from this identify where government intervention may be effective and inform where we should prioritise our limited resources', the document says.

The call for evidence closes on 7 September.

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