Open justice: court reporting in the digital age

Justice Committee Closed Inquiry
Opened: 17 Sep 2021 Closed: 14 Sep 2023 Parliament page
This short inquiry sought to understand how digital technology has affected the way that the media and the public access and report on the courts. Read the call for evidence to find out more about this inquiry .
13 Recommendations
32 Conclusions
1 Report
2 Oral sessions
2 Events
Oral evidence sessions 2 sessions
Dr Natalie Byrom · Faculty of Laws, UCL John Battle · Media Lawyers Association Sir Andrew McFarlane · Family Division
Dr Judith Townend · University of Sussex Ms Emily Pennink · Press Association Ms Maeve McClenaghan · The Bureau of Investigative Journalism
Recommendations & Conclusions
45 results
1 Conclusion
Fifth Report - Open justice: court…
MPs need to visit family courts to understand daily justice system issues.
We would encourage every family court in England and Wales to invite their local MPs to visit so that they can hear accounts of the issues facing the family justice system from those who are responsible for delivering justice on a daily basis.
Ministry of Justice
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2 Conclusion
Fifth Report - Open justice: court…
Need for a White Paper clarifying public rights to court access in the digital age
The Lord Chancellor and the Lord Chief Justice should consider producing a White Paper that clarifies and publicises the right of the public to attend court hearings and access information on court proceedings in the digital age.
Ministry of Justice
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3 Conclusion
Fifth Report - Open justice: court…
Government and Parliament must legislate on the proper limits of open justice
Open justice is a common law principle, and it is for the courts to determine its requirements in particular cases. However, responsibility for deciding how the principle should operate should not be left to the courts alone. Deciding the proper … Read more
Ministry of Justice
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4 Conclusion
Fifth Report - Open justice: court…
Digital age requires collaboration for balanced open justice without damaging quality
The internet and social media are changing the way that the public access court proceedings, which is making the work of the courts more accessible; but this also presents dangers for the administration of justice. In the digital age, it … Read more
Ministry of Justice
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5 Conclusion
Fifth Report - Open justice: court…
Concerning decline in news media coverage of courts, especially Magistrates’ courts
The well-documented decline in the news media’s coverage of the courts, particularly the Magistrates’ courts, is concerning. In acting as the eyes and ears of the public, the media perform a vital role in keeping the public informed on the … Read more
Ministry of Justice
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6 Conclusion
Fifth Report - Open justice: court…
Decline in court reporting negatively affects open justice in England and Wales
The decline in court reporting has had a negative effect on open justice in England and Wales.
Ministry of Justice
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7 Recommendation
Fifth Report - Open justice: court…
HMCTS must enhance direct communication and provide media information to facilitate court reporting
As the public receives less information through the media on the work of the courts, HMCTS should do more to enable the courts to communicate information on court proceedings directly to the public. In addition, HMCTS needs to use technology … Read more
Ministry of Justice
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8 Conclusion
Fifth Report - Open justice: court…
Practical barriers create a chilling effect on open justice for journalists and the public
The evidence from the Bureau of Investigative Journalism on its experience of attempting to access possession hearings presents a concerning picture of the practical reality of open justice in England and Wales. The legal and constitutional status of open justice … Read more
Ministry of Justice
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9 Conclusion
Fifth Report - Open justice: court…
Public must be aware of their rights to attend court proceedings and access information
We welcome the publication of the Reporters’ Charter, which for the first time sets out the rights and obligations of journalists reporting on court proceedings. We note, however, that the rights of access that flow from the principle of open … Read more
Ministry of Justice
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10 Recommendation
Fifth Report - Open justice: court…
Publish a citizens’ charter outlining public rights to access court information
HMCTS should publish a citizens’ charter that outlines the public’s rights to access information on the courts.
Ministry of Justice
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11 Conclusion
Fifth Report - Open justice: court…
Need for a single point of contact for all media and public court inquiries
The Reporters’ Charter helpfully directs the media to the MOJ press office and the Judicial Press Office to deal with enquiries and issues on accessing court proceedings and information. There should be a single point of contact for all accessibility … Read more
Ministry of Justice
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12 Conclusion
Fifth Report - Open justice: court…
Public understanding of court proceedings and attendance rights requires enhancement.
HMCTS should institute a programme of open days to encourage the public to visit their local courts, for example during Justice Week. This programme should be used to improve the awareness of both the public and HMCTS staff of the … Read more
Ministry of Justice
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13 Conclusion
Fifth Report - Open justice: court…
Listing email addresses for remote hearing access is crucial for all court websites.
Every court should list an email address on its website to enable the media and the public to request access to remote hearings.
Ministry of Justice
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14 Conclusion
Fifth Report - Open justice: court…
Lack of coherence and consistency in remote hearing access for public and media.
Remote hearings are still a relatively new and innovative feature of the justice system in England and Wales. The evidence to our inquiry suggests that there is a problem with a lack of coherence and consistency in relation to the … Read more
Ministry of Justice
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15 Recommendation
Fifth Report - Open justice: court…
Gather and publish detailed data on remote court proceeding observation requests by jurisdiction.
We recommend that HMCTS gathers and publishes data on requests to observe proceedings remotely. In particular, it would be useful to know the number of requests received and the number of requests granted by jurisdiction.
Ministry of Justice
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16 Conclusion
Fifth Report - Open justice: court…
Crown Court case outcome information for journalists lags behind Magistrates' Court provision.
HMCTS should ensure that the Crown Court provides the same level of information to journalists on the outcome of cases as is currently provided by the Magistrates’ court.
Ministry of Justice
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17 Conclusion
Fifth Report - Open justice: court…
Digitisation and consolidation of court and tribunal lists into single service welcomed.
We welcome the planned digitisation of the publication of court and tribunal lists and the consolidation into a single service in one location.
Ministry of Justice
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18 Recommendation
Fifth Report - Open justice: court…
Consider expanding digital portal to include all court information, results, and restrictions.
We request further information on when this service will go live and what improvements are planned to the level of information on the lists and the accessibility of the service. We recommend that HMCTS considers whether the proposed digital portal … Read more
Ministry of Justice
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19 Conclusion
Fifth Report - Open justice: court…
Committee awaits update on Civil Procedure Rule Committee's work to improve document access.
The Committee would welcome an update on the work being undertaken by the Civil Procedure Rule Committee to improve access to documents in civil proceedings.
Ministry of Justice
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20 Recommendation
Fifth Report - Open justice: court…
Establish streamlined digital portal for court document and reporting restriction access.
The Government and HMCTS should establish a streamlined process for accessing court documents, including courts lists, using a digital portal modelled on Public Access to Court Electronic Records (PACER) in the United States. This should also be used to inform … Read more
Ministry of Justice
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21 Conclusion
Fifth Report - Open justice: court…
Comprehensive review of access to open court documents and potential legislation required.
The Government and HMCTS should conduct, or ask the Law Commission to conduct, a comprehensive review on access to documents referred to in open court and propose legislation if necessary to clarify the position.
Ministry of Justice
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22 Conclusion
Fifth Report - Open justice: court…
Reporting restrictions show inconsistency in notification and ineffective compliance on social media
Reporting restrictions play a key role in securing the fairness of the justice system. However, it is clear that there is inconsistency in the courts’ approach to notifying the media when restrictions are in place, and they are often not … Read more
Ministry of Justice
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23 Conclusion
Fifth Report - Open justice: court…
Enable the proposed digital portal to access a centralised database of reporting restrictions
The proposed new digital portal should also enable access to a centralised database of reporting restrictions on cases.
Ministry of Justice
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24 Conclusion
Fifth Report - Open justice: court…
Current arrangements for court transcripts found to be unsatisfactory
The current situation on court transcripts is unsatisfactory.
Ministry of Justice
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25 Recommendation
Fifth Report - Open justice: court…
Explore AI-powered transcription pilots and review contracts to improve court transcript accessibility
HMCTS should explore whether greater use of technology, such as AI-powered transcription, could be piloted to see whether it can be used to reduce the cost of producing court transcripts. HMCTS should also consider whether the sentencing remarks in the … Read more
Ministry of Justice
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26 Recommendation
Fifth Report - Open justice: court…
National Archives Find Case Law Service should be first step for judgment accessibility
We welcome the establishment of the National Archives Find Case Law Service. However, this service should represent the first step in improving the public accessibility of judgments. (Paragraph 93) 54 Open justice: court reporting in the digital age
Ministry of Justice
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27 Conclusion
Fifth Report - Open justice: court…
Reform judgment collection, storage, and publication to reduce reliance on commercial publishers
HMCTS should reform the way that judgments are collected, stored and published so that there is less reliance on commercial legal publishers. The judgments of courts are the product of a publicly funded justice system and the public, the media … Read more
Ministry of Justice
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28 Conclusion
Fifth Report - Open justice: court…
Publish all Crown Court sentencing remarks in accessible audio or written form
All Crown Court sentencing remarks should be published in audio and/or written form. HMCTS should ensure that the necessary resources are made available to enable sentencing remarks to be published.
Ministry of Justice
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29 Conclusion
Fifth Report - Open justice: court…
Require Government to provide status update on open justice project funding and completion
We are concerned over whether the Ministry of Justice has allocated sufficient funding to ensure that the court reform programme can overcome some of the barriers to public and media access to information on courts. We ask the Government to … Read more
Ministry of Justice
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30 Conclusion
Fifth Report - Open justice: court…
New legislative framework enhances open justice through remote court observation
We welcome the new legislative framework for remote observation of court proceedings. The combination of this framework and improvement of the technological facilities of courts has the potential to enhance open justice by making it easier for the public and … Read more
Ministry of Justice
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31 Recommendation
Fifth Report - Open justice: court…
Evaluate the new remote observation framework considering court resources and transmissions
It is right that judges are in control of the decision as to whether to allow remote observation. In some cases, judges will find these decisions difficult to make. It is crucial therefore that the effect of this new framework … Read more
Ministry of Justice
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32 Recommendation
Fifth Report - Open justice: court…
Commission an evaluation of the new framework's first year of operation by June 2023.
HMCTS should commission an evaluation in June 2023 to examine how the new framework has worked in its first year of operation.
Ministry of Justice
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33 Conclusion
Fifth Report - Open justice: court…
Livestreaming court proceedings offers significant potential to enhance open justice and public accessibility.
The power to allow the transmission of proceedings to designated livestreaming premises has great potential to enable more people to observe court proceedings and enhance open justice. If students were able to observe cases in classrooms and lecture halls, or … Read more
Ministry of Justice
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34 Conclusion
Fifth Report - Open justice: court…
Broadcasting Crown Court sentencing remarks positively enhances open justice and public understanding.
We welcome the broadcasting of Crown Court sentencing remarks. It is a positive step for both open justice and the public understanding of sentencing.
Ministry of Justice
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35 Recommendation
Fifth Report - Open justice: court…
Commission research to identify suitable civil and criminal proceedings for broadcast and video archiving.
More widely, we recommend that HMCTS and the Judiciary commission research to determine which civil and criminal proceedings could be suitable for broadcast and video archiving. In principle, we would support the extension of broadcasting and recording to civil trials … Read more
Ministry of Justice
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36 Conclusion
Fifth Report - Open justice: court…
Judicial Review and Courts Act 2022 changes require evaluation of impact on open justice.
The changes to criminal procedure in the Judicial Review and Courts Act 2022 should be carefully monitored. After one year of their operation, the Ministry of Justice should initiate an evaluation of how the changes are operating in practice, including … Read more
Ministry of Justice
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37 Conclusion
Fifth Report - Open justice: court…
Documenting and timely online publication of court information can mitigate open justice concerns.
The potential effect of these changes on open justice might also be mitigated by ensuring that the relevant information that would have otherwise been said in open court is documented and published online in a timely fashion.
Ministry of Justice
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38 Conclusion
Fifth Report - Open justice: court…
Single Justice Procedure's lack of transparency remains a significant concern.
We remain concerned by the Single Justice Procedure’s lack of transparency.
Ministry of Justice
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39 Recommendation
Fifth Report - Open justice: court…
Review the Single Justice Procedure to enhance transparency through timely publication of information.
The Government should review the procedure and seek to enhance its transparency by ensuring that any information that would have been available had the cases been heard in open court is published in a timely fashion.
Ministry of Justice
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40 Recommendation
Fifth Report - Open justice: court…
Strengthen open justice governance by formalising Data Governance Panel and establishing user group.
The Government should clarify and strengthen the governance structures on open justice. The Senior Data Governance Panel should be formalised and its powers and remit should be defined and published. It is vital that the decisions made by the Panel … Read more
Ministry of Justice
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41 Recommendation
Fifth Report - Open justice: court…
Ask Law Commission to propose reform of Section 12 for better transparency-confidentiality balance.
We agree with the President of the Family Division that there should be a review of section 12 of the Administration of Justice Act 1960. In our view section 12 of the Act should be reviewed and reformed so that … Read more
Ministry of Justice
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42 Conclusion
Fifth Report - Open justice: court…
Media access to Family Courts supported, but resource allocation and reporting interest remain uncertain.
In broad terms, we support the Transparency Review’s principal recommendation that media representative and bloggers should be able to report, subject to the relevant restrictions, on the cases they observe in the Family Court. We would caution, however, that given … Read more
Ministry of Justice
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43 Conclusion
Fifth Report - Open justice: court…
Success of informative family court lists pilot depends on identifying cases of public interest.
We welcome the commitment to produce more informative family court lists. The success of the proposed pilot will depend on journalists and bloggers being able to identity cases that will generate wider public interest.
Ministry of Justice
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44 Conclusion
Fifth Report - Open justice: court…
Target to publish 10% of judgments faces concerns about anonymisation unit resources.
We welcome the Transparency Review’s proposal to set a target of every judge publishing 10% of their judgments. If achieved, this would make a significant 56 Open justice: court reporting in the digital age contribution to the transparency of the … Read more
Ministry of Justice
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45 Conclusion
Fifth Report - Open justice: court…
Provide requisite resources to establish anonymisation unit for safe publication of Family Court judgments.
His Majesty’s Court and Tribunal Service should ensure that the requisite resources are provided to enable the establishment of an anonymisation unit that facilitates the publication of at least 10% of Family Court judgments without the risk of identification of … Read more
Ministry of Justice
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