Crown Court (Recording and Broadcasting) Order 2020

Lord Thomas of Cwmgiedd Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Thomas of Cwmgiedd (CB) [V]]

I too warmly welcome the proposed orders. They are an important yet incremental step in ensuring that justice is as open as possible. Courts have always sought to do this using modern methods of communication. That is because it is always essential that justice is seen to be done openly, in the interests of not only the defendant but society as a whole, so that everyone can see that justice is being done.

For some time, the judiciary has made available transcripts or notes of sentencing remarks to ensure that they are reported accurately. This has proved very successful in ensuring that what a judge says is accurately reported in the press, but it is right that we now go further than this.

The experience the courts had in the Court of Appeal —both the Criminal Division and the Civil Division—and the Supreme Court has shown that broadcasting is a very important part of open justice. To allay some of the fears expressed by the noble Lord, Lord Thomas of Gresford, and my noble and learned friend Lord Morris of Aberavon, there have been few problems. There have been no real problems with matters being repeated on the internet or social media. The courts have always tried to take into account the views of the parties. Particularly in hearing criminal appeals, they have been anxious to protect the position of the victims, or the family if the victim is deceased.

It is a tribute to our broadcasters that they have shown very real responsibility. The cameraman who used to sit in court and record what happened was always acutely sensitive to what was being said and transmitted. Therefore, bearing in mind the way this is being taken forward, we can be reasonably sure that the problems have been looked into.

It is important that the broadcasting will be restricted to the most important cases. It will therefore be possible for the public to see and hear from the judge’s own words what has been said. That is much better than the prosecutor, for example, appearing on the steps and explaining what the judge has said.

I have three more observations about this order. First, it is and has been a very complex process; it had to be piloted to check it works properly. Secondly, there has been consultation. This process has been going on for a considerable period of time at the Bar and among solicitors, the judiciary and the broadcasters. Thirdly, a number of safeguards are in place to try to ensure that everything is done properly and that the system is not abused. It seems we can safely proceed with this incremental step in accordance with the orders.

I will briefly add a word in respect of the Court of Appeal order. I too welcome it, as it extends transparency to family court proceedings. That is always something the judiciary has welcomed when appropriate and suitable.