Draft Crown Court (Recording and Broadcasting) Order 2020

Debate between Yasmin Qureshi and Rehman Chishti

Monday 16th March 2020 General Committees

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Buck. I am grateful to the Minister for introducing the order, which my party and I support in principle. Transparency of proceedings is an important element of our legal system. In R v. Sussex Justices, ex parte McCarthy, of 1924, Lord Chief Justice Hewart stated:

“justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Although our courts are public spaces, in reality the average person would not be able to walk to the nearest Crown court halfway through the working day to watch the proceedings.

The move might also serve to better inform the public about how the courts work. Increasing public understanding of the court system allows for transparency in one of the most important institutions of the state. Evidence suggests that the more informed people are about the justice system, the more confidence they have in it. We also accept that we live in times when people increasingly rely on the television and the internet for access to news and current affairs. It is vital to respond to changes in technology and society, and therefore to allow the cameras into our Crown courts.

[Rehman Chishti]

Like me, the shadow Minister was a barrister. We appeared in courts at the same time, and it was always a pleasure to do so. Public accountability is crucial, and it links to the point that the Minister made earlier about judicial discretion. This is about letting the public know how the system works and why decisions have been made. It is also crucial to ensure that judges can decide, for whatever reason, that filming should not happen. Our great legal system works on the acceptance of judicial discretion across the board so that there is no straitjacket involved, and the order allows for that.

[Yasmin Qureshi]

I entirely agree with the hon. Gentleman. It was a great pleasure appearing in court with him, sometimes against him and sometimes on his side. Although it is important that justice is seen to be done, that cannot be at the expense of the proper administration of justice, the integrity of the trial process or the reputation of the courts. The courts deal with very serious matters that can affect the liberty, livelihood and reputation of all parties involved.

Has the Minister considered that if only the judge’s sentencing remarks are broadcast, the public will have only a snapshot view of the case? Although sentencing remarks include summaries, and a recapping of the salient points of the Crown’s case and the defendant’s mitigation, it is impossible for a judge to set out everything that they consider in their decision. Does the Minister agree that there is scope for misunderstanding about why and how a sentence has been reached? Will he clarify what guidance and training will be made available for court staff, and where the budget for it will come from?

We are pleased that the order will protect victims, court staff and legal professionals from exposure. However, it will no doubt open judges up to intense scrutiny. Televising the sentencing remarks will not prevent certain sentences from being unpopular with the public, and it will not stop declarations about “enemies of the people”. Will the Minister tell us what will be done to protect judges from any increase in attention that results from the change?

Our justice system has always been associated with dignity, and it is far removed from the sensationalist aspects of the justice systems in other countries where proceedings are broadcast. Although we welcome the order, we should not underestimate or disregard its potential impact. I would be grateful if the Minister dealt with the concerns I have raised.