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 Events
Activity timeline 4 events
11 Jan
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
9 Nov
2021
Formal meeting (oral evidence session) · The Grimond Room, Portcullis House
Recommendations & Conclusions
8 results
3 Conclusion Rejected
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
Government Response
The government rejects the need for new legislation, stating that the principle of open justice is amply provided by existing common law, Article 6 of the European Convention on Human Rights (Human Rights Act 1998), and other established statutes.
Ministry of Justice
View details
18 Recommendation Rejected
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
Government Response
The government confirmed the new CATH service is live for SJP lists and will expand to civil, family, and other tribunals throughout 2023, but stated it has no plans to publish results, reporting restrictions, or court documents via this service due to resource implications.
Ministry of Justice
View details
20 Recommendation Rejected
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
Government Response
The government rejected establishing a digital portal for all court documents modelled on PACER due to resource and suitability concerns, but plans to explore access to case files in a call for evidence in 2023.
Ministry of Justice
View details
24 Conclusion Rejected
Fifth Report - Open justice: court…
Current arrangements for court transcripts found to be unsatisfactory
The current situation on court transcripts is unsatisfactory.
Government Response
The government acknowledged court transcripts are not routinely accessible and rejected routine recording of magistrates' courts hearings as disproportionate due to cost, stating it will seek stakeholders' views via a call for evidence before making future decisions.
Ministry of Justice
View details
25 Recommendation Rejected
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
Government Response
The government states it intends to run further pilots for AI-powered transcription, subject to future funding decisions. However, it explicitly considers routine recording and transcription of magistrates’ court hearings to be disproportionate, though it will seek stakeholders' views via a call for evidence in 2023 before making future decisions, and does not address reviewing transcription contracts.
Ministry of Justice
View details
40 Recommendation Rejected
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
Government Response
The government has formalized the Senior Data Governance Panel and will publish its terms of reference and work information in early 2023. However, they do not plan to empower the Media Working Group with policy functions or establish a new court information users’ group, but will explore existing engagement mechanisms via a call for evidence.
Ministry of Justice
View details
44 Conclusion Rejected
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
Government Response
The government states that setting the 10% judgment publication target and resourcing the anonymisation unit would require considerable resources, which must be balanced against existing commitments and priorities, especially reducing the family court backlog. They are exploring other options instead of committing to the proposed resourcing.
Ministry of Justice
View details
45 Conclusion Rejected
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
Government Response
The government does not commit to establishing an anonymisation unit for Family Court judgments due to significant resource requirements and conflicting priorities, stating its main focus is on reducing the family court backlog. It is exploring other options for increasing transparency.
Ministry of Justice
View details
Government Response AI assessment · 45 of 13 classified

Total 13 recs + 32 conclusions