Judicial Review Impact on Open Justice
Need for evaluation of the impact of changes to criminal procedure (e.g., Judicial Review and Courts Act 2022) on open justice.
59 items
4 sources
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Committee recommendation
100match
#36 - 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 their impact on open justice.
Matched on
terms: impact, judicial, justice, open
Committee recommendation
94match
#39 - 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.
Matched on
terms: justice, open, review
Committee recommendation
90match
#21 - 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.
Matched on
terms: justice, open, review
Committee recommendation
86match
#18 - Ofcom's online safety enforcement decisions require strong evidence and proportionality to withstand judicial review.
The enforcement action Ofcom can take on online safety regulation includes: fines of up to 10% of global revenues; requirements on the service provider to make changes; business disruption measures that prevent them from accessing the UK market; and criminal sanctions.37 Ofcom explained that any action it takes can be judicially reviewed 26 Q 15 27 Qq 19,...
Matched on
terms: impact, judicial, review
Committee recommendation
82match
#8 - 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 is immaterial if journalists face the sort of hurdles experienced by the Bureau of Investigative Journalism. Those barriers...
Matched on
terms: justice, open
Committee recommendation
78match
#34 - 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.
Matched on
terms: justice, open
Committee recommendation
78match
#33 - 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 if community centres could host livestreams of court proceedings, the accessibility of court proceedings would be greatly enhanced.
Matched on
terms: justice, open
Committee recommendation
78match
#30 - 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 the media to observe proceedings.
Matched on
terms: justice, open
Committee recommendation
78match
#6 - 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.
Matched on
terms: justice, open
Committee recommendation
78match
#4 - 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 is vital the Government, Parliament and the Judiciary work together to ensure that a balanced approach to open...
Matched on
terms: justice, open
Committee recommendation
78match
#3 - 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 limits of open justice can often give rise to significant policy questions that Government and Parliament can only...
Matched on
terms: justice, open
Committee recommendation
77match
#37 - 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.
Matched on
terms: justice, open
Committee recommendation
73match
#40 - 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 are as transparent as possible. The positive work of the Media Working Group should be built upon and...
Matched on
terms: justice, open
Committee recommendation
73match
#29 - 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 provide a status update on any ongoing projects that are designed to enhance open justice, outlining how much...
Matched on
terms: justice, open
Committee recommendation
71match
#44 - 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 Family Court and to open justice. It is crucial that the public and the media are able to...
Matched on
terms: justice, open, review
Committee recommendation
71match
#11 - 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 and open justice inquiries from the media and from the public. The Lord Chief Justice told us that,...
Matched on
terms: judicial, justice, open
Committee recommendation
67match
#41 - 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 it can replaced with a much more targeted measure that respects the principle of open justice. The Government...
Matched on
terms: justice, open, review
Committee recommendation
67match
#31 - 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 is evaluated. The concerns raised by the Lord Chief Justice and the Senior President of Tribunals, in particular...
Matched on
terms: impact, justice
Committee recommendation
61match
#38 - Single Justice Procedure's lack of transparency remains a significant concern.
We remain concerned by the Single Justice Procedure’s lack of transparency.
Matched on
terms: justice
Committee recommendation
60match
#14 - 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 ability of the media and the public to access remote court hearings. (Paragraph 49) Open justice: court reporting...
Matched on
terms: justice, open
Committee recommendation
59match
#35 - 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 that do not involve oral evidence. In the criminal context, the broadcast and recording of sentencing in Magistrates’...
Matched on
terms: justice, open
Committee recommendation
59match
#7 - 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 and organisational reform, building on the work done with Courtsdesk News, to provide the media with the information...
Matched on
terms: justice, open
Committee recommendation
59match
#25 - 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 Magistrates’ courts could be routinely recorded and transcribed on request. HMCTS should also review its existing contracts for...
Matched on
terms: justice, review
Committee recommendation
55match
#22 - 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 effective at ensuring compliance, particularly on social media. This is an important example of where the modernisation of...
Matched on
terms: justice, open
Committee recommendation
55match
#9 - 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 justice are not exclusively for reporters’—it is vital that members of the public are also aware of their...
Matched on
terms: justice, open
Committee recommendation
55match
#42 - 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 the decline in the number of court reporters in recent years, it is unclear whether media outlets will...
Matched on
terms: justice, review
NAO recommendation
55match
Progress on the courts and tribunals reform programme
Publish findings from its impact on access to justice assessments for each service as they are completed and explain how it will address any issues it identifies.
Matched on
terms: impact, justice
Committee recommendation
53match
#17 - Secretary of State's broad discretion risks premature closure of the Legacy Commission.
The Bill’s provisions for winding up the commission grant the Secretary of State broad discretion, raising concerns that it could be closed prematurely for political or resource-based reasons. There is a case for clearer consultation requirements and evidence-based decisions to protect ongoing investigations and uphold commitments to truth and justice. (Conclusion, Paragraph 110) Troubles-related cases and inquests
Matched on
terms: justice
Committee recommendation
52match
#2 - 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.
Matched on
terms: justice
Committee recommendation
51match
#45 - 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 the parties involved. (Paragraph 155) Open justice: court reporting in the digital age 57
Matched on
terms: justice, open
Committee recommendation
51match
#26 - 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
Matched on
terms: justice, open
Committee recommendation
51match
#12 - 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 public’s right to attend court proceedings. Furthermore, there should be a programme to encourage schools to organise visits...
Matched on
terms: justice, open
LGO / SPSO decision
51match
21-016-733 - Shropshire Council
Summary: We will not investigate Mr X’s complaint that the Council’s policy on council tax exemptions and the empty property premium is unfair. The policy can only be questioned at court via judicial review.
Matched on
terms: judicial, review
Committee recommendation
48match
#28 - 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.
Matched on
terms: justice
Committee recommendation
48match
#20 - 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 the media of reporting restrictions, including automatic restrictions and notice of applications for reporting restrictions.
Matched on
terms: justice
Committee recommendation
47match
#5 - 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 operation of the justice system.
Matched on
terms: justice
LGO / SPSO decision
46match
21-008-237 - Birmingham City Council
Summary: We have stopped investigating Mr and Mrs B’s complaint about the Council’s decision to remove them from its housing register. This is because Mr and Mrs B have applied to the Court to judicially review the Council’s decision. The complaint is therefore outside of our jurisdiction.
Matched on
terms: judicial, review
Committee recommendation
45match
#19 - Solicitor General's proposed role in triaging cases undermines trust in the Inquisitorial Mechanism.
Stakeholders have different interpretations of the potential powers and effectiveness of the Enhanced Inquisitorial Mechanism; some are enthusiastic, others concerned about its powers compared with the inquest system. The Government also has a balancing act to perform, between ensuring that cases are assessed in a timely manner and directing them to the most appropriate investigatory body. The most...
Matched on
classifier match
Committee recommendation
43match
#43 - 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.
Matched on
terms: justice
Committee recommendation
43match
#27 - 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 and the legal sector should not have to pay significant sums for access.
Matched on
terms: justice
Committee recommendation
43match
#18 - 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 should be expanded to include all court information, including results, reporting restrictions and court documents.
Matched on
terms: justice
Committee recommendation
43match
#16 - 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.
Matched on
terms: justice
Committee recommendation
43match
#15 - 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.
Matched on
terms: justice
Committee recommendation
43match
#13 - 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.
Matched on
terms: justice
PHSO casework decision
42match
P-001847 - Department for Work and Pensions
Mr R complains DWP incorrectly refused to reimburse legal fees he paid in pursuing a Judicial Review (JR). He also complains DWP refused to compensate him fully for the distress and lost time time linked with pursuing the JR.
Matched on
terms: judicial, review
LGO / SPSO decision
42match
25-006-478 - Westmorland and Furness Council
Summary: We will not investigate Mr B’s complaint about the Council applying a council tax premium on his property. This is because it is reasonable for Mr B to put in an appeal to the Valuation Tribunal. And, we will not investigate the way the Council introduced this scheme because this can only be challenged by judicial review.
Matched on
terms: judicial, review
LGO / SPSO decision
42match
22-011-136 - Blaby District Council
Summary: We will not investigate this complaint about Mr X’s planning applications. He has the statutory right of appeal to the planning inspectorate about the Council’s refusal, and it is reasonable for him to approach the high court for judicial review.
Matched on
terms: judicial, review
Committee recommendation
39match
#32 - 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.
Matched on
terms: justice
Committee recommendation
39match
#19 - 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.
Matched on
terms: justice
Committee recommendation
39match
#17 - 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.
Matched on
terms: justice