Draft Crown Court (Recording) Order 2016

Christina Rees Excerpts

Wednesday 27th April 2016 General Committees

[Christina Rees (Neath) (Lab)]

It is a pleasure to serve under your chairmanship, Sir David. I thank the Minister for his explanation of the statutory instrument. I understand that there are now seven Crown courts where the test recording will take place, one of which is in Cardiff. As a Welsh MP, that is of particular interest to me.

We on the Opposition side are wary of bringing cameras into the court system, but we welcome more openness and transparency in the courts. With that in mind, we are willing to offer support for the test, but it would be good to put some of our concerns and questions to the Minister. These concerns centre on protecting the integrity of the courts, provisions put in place to protect vulnerable witnesses in court proceedings, and how the test will be assessed, along with who is running and evaluating it.

Article 7 sets out that:

“Recording is by a person who—

(a) is permitted in writing by the Lord Chancellor to make recordings in the Crown Court; and

(b) assigns any copyright in the recording of the sentencing remarks to the Lord Chancellor, for and on behalf of the Crown.”

This provision is key in ensuring that the test recording achieves the goal laid out by the Government: striking the right balance between protecting the dignity of the court and the integrity of the trial process and allowing the public to see what happens in court and hear statements in the judge’s own words. We would like assurances that the provision will remain in place if the test is to become a permanent addition to Crown court procedure.

Additionally, paragraph 7.4 of the explanatory memorandum states:

“The recording may only take place with the permission of the relevant judge.”

Will the Minister tell us how those judges are chosen, and offer clarification on what will happen if the judge refuses permission?

My next query is on protecting other participants in court proceedings. The overarching concern is that there is nothing in the Crime and Courts Act 2013 to prevent an order from being made in future that authorises the filming and broadcasting of witnesses, parties, victims, jurors or defendants. I understand that this statutory instrument makes it clear that only the judge sitting in the case will be filmed and that normal reporting restrictions will continue to apply to protect the interests of victims or witnesses involved in the case. We wish to make sure that this is the extent of what the Government wish to do, and that those restrictions will continue to be protected following the test.

Linked to that, the Lord Chief Justice has warned that filming some court proceedings could end up with sentencing remarks only being used in high-profile cases that involve salacious details or celebrities. He also expressed concern that media attention could soon create pressure for the faces of the defendant or the victim’s family to be shown at the point of sentence. Will the Minister assure us that that will not be the case?

Furthermore, the Joint Committee on Human Rights report on the 2013 Act expresses concerns that introducing cameras in court could discourage certain vulnerable witnesses and victims from testifying in criminal cases, and strip certain vulnerable defendants of necessary protection. Will the Minister explain the checks that he has put in place to ensure that will not be the case?

Paragraph 7.4 of the explanatory memorandum states:

“We anticipate the test running for no more than four months.”

When is the test due to start? Paragraph 9.2 states:

“HMCTS will provide signage and a small number of leaflets to advise court users and members of the public that filming will be taking place”,

but that it will not be broadcast. Owing to the potential threat of vulnerable people in court seeing cameras and fearing that they are being filmed, which could upset them, surely a larger information drive would be more suitable.

Finally, and perhaps most importantly, I would like to know what procedure is in place to determine whether this test will be considered successful. As I am sure we can all agree, a test is important, but it is only relevant if it is measured against pre-determined criteria. What are those criteria? Will the Minister give a timescale for how long the review will take?

I would be grateful if the Minister could deal with the concerns I have raised. We support the statutory instrument and the test but have real concerns about the rolling out of anything that is less restrictive. I thank the Minister and his team for presenting the order so clearly to the Committee.