Crown Court (Recording and Broadcasting) Order 2020

Lord Garnier Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Garnier (Con) [V]]

My Lords, I wholeheartedly support the implementation of these two orders. It is essential that proceedings in our courts should be as open to the public as possible, subject to any overriding public interests, such as the interests of justice generally and in a particular case before the court. While I bear in mind the more cautious and charmingly self-deprecating contributions of the noble and learned Lord, Lord Morris of Aberavon, and the noble Lord, Lord Thomas of Gresford, the restrictions outlined by my noble and learned friend the Advocate-General are, in my mind, proportionate and sensible.

My noble and learned friend and I have appeared as advocates in the Supreme Court, where, as he said, proceedings are recorded and live-streamed—I hope he will agree, to the public benefit. Although not every case is necessarily interesting to the public and some are, frankly, pretty dry, that they can be seen and heard live, or later by people who cannot get to Parliament Square, helps demystify the Supreme Court’s procedures and the work of those who take part in appeals as justices, advocates or litigants. It also helps the wider understanding of the law and its development through decisions of the court. I am sure that is true of broadcasts of the Court of Appeal, even if they are not routine.

I have some questions about the Crown Court order, which I sent to my noble and learned friend earlier this afternoon. Regarding that order, can he tell us how long the general permission to record sentencing remarks given by the Lord Chancellor lasts? Will there be a list of people or organisations, or only one designated recording organisation, permitted to record by the Lord Chancellor under the order, whereas those who wish to broadcast what has been recorded will need to apply to the sentencing judge on each occasion? Is the judge’s permission to broadcast limited to the particular case in which he or she is the sentencing judge, or can a High Court judge or a resident judge give permission to broadcast the sentencing remarks of another judge sitting at the same Crown Court?

Who may ask for permission to record and broadcast sentencing remarks? Will they have to apply in open court, or can it be done administratively and in writing? Will the broadcaster have to pay either to apply for permission or to broadcast the recorded material? Is broadcasting limited to traditional television or radio broadcasters such as the BBC, ITN or Sky, or may individuals and organisations outside the traditional media—for example, bloggers or people who post on social media—be given permission? Who, if dissatisfied by a decision to give or to refuse permission for a recording to be broadcast, has the right to appeal that decision? Who decides whether a broadcast was fair and accurate, and what is the consequence for the broadcaster if it is not?

Finally, is there a statutory or relevant definition of the phrases “light entertainment” and “satire” in Article 10(2)(c) and (d)? These are terms often easier to recognise than to define, but how will the judge know, when asked for permission to broadcast his or her sentencing remarks, whether they are to be edited in such a way as to invite contempt, ridicule or gentle amusement, or as to encourage academic legal interest or intellectual curiosity?