A new edition of guidance on open justice and reporting restrictions in criminal courts has been published
The new booklet, intended to provide a single easy-to-use reference for courts and media and journalists, includes a checklist detailing the points every court should consider before imposing any restriction access to or reporting of a case.
The guidebook has been put together by the Judicial College, Newspaper Society, Society of Editors and the Media Lawyers Association.
It reflects and incorporates numerous changes in both statute and case law that have taken place in the last few years and are relevant to reporting of criminal courts.
The Lord Chief Justice of England and Wales, Lord Thomas of Cwmgiedd, said in the foreword to the new edition: “”Open justice is a hallmark of the rule of law. It is an essential requisite of the criminal justice system that it should be administered in public and subject to public scrutiny.
“The media play a vital role in representing the public and reflecting the public interest. However, as is well known, there are some exceptions to these principles. Difficulties and uncertainty can sometimes arise in ensuring they are correctly applied and observed.”
Director of Public Prosecutions Alison Saunders said: “This guide is a helpful reminder to all those concerned that reporting restrictions should only be imposed where absolutely necessary, and I will be circulating it to prosecutors across England and Wales.
“The press reporting of court cases allows the public to see and hear the prosecutions conducted in their name and I am determined that reporting restrictions are only applied for by the prosecution as a last resort.”
Society of Editors executive director Bob Satchwell said: “Since the first guide to reporting restrictions was published fewer inappropriate orders have been published.
“The courts have a better understanding of the media and listen to reporters when orders would make their work as a conduit to the public more difficult. Openness maintains confidence in the justice system and that benefits all who work in it.
“We are grateful to the Lord Chief Justice for encouraging this update and the lawyers who have applied their expertise to it.”
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If this leads to less confrontations between court officials, the judiciary and the media, then it is to be welcomed.
However, in my experience (which is substantial), some courts are better than others in a) making sure the guidance is readily available and used, and b), magistrates are given some training in the subject of reporting restrictions.
The main battle is to eliminate the “them and us” attitude that has existed for years.
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I can gurantee almost no court staff or lawyers, judges or magistrates will read this document butit is an excellent tool for journalists who want to challenge their frankly ridiculous orders.
Every court reporter should have on in their napsack.
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You give neither the title nor where the book can be bought. Not very helpful.
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