All rise for television cameras in court
In the Queen’s speech in May there is expected to be an announcement that the ban on filming court proceedings will be lifted, writes ITN’s Head of Compliance, John Battle.
As yet this is not confirmed by the Ministry of Justice, but if it does come to pass then this will be a significant landmark in the way the public are informed about our judicial system.
A ban on filming court proceedings has been in place since the 1925 criminal justice act. Before that time, there are examples of photographs being taken of court proceedings. For example, the famous case of Dr Crippen (pictured above).
The public here have got used to seeing courts around the world. It is said that the only courts that they are not really seeing are their own
Broadcasters such as ITN (which makes Channel 4 News) have been lobbying for change to the law for over a decade. The argument is that allowing filming of court proceedings will ensure that the public will be able to see justice being done. It is a central principle of our legal system that justice must be done and be seen to be done (the public gallery in the court is open to the public, but the reality is that people do not attend unless they have the time).
Overseas
Broadcasters have also pointed to the fact that many other jurisdictions allow filming of court proceedings – for example, footage was shown of the South African Dewani case. Another example is that of the Dominique Strauss-Khan case in the US.
The public here have got used to seeing courts around the world. It is said that the only courts that they are not really seeing are their own. (Proceedings in the Supreme Court can be filmed and there has been some filming of the courts in Scotland).
If the ban is lifted, it will not automatically lead to all courts being filmed. It is likely that the process will happen in a staged way. Initially, the filming will take place in the court of appeal, and once this has been in operation and there is time for a review of its success, thereafter filming of sentencing could be allowed in the crown court.
This was the proposal put forward by the Lord Chancellor, Ken Clarke QC, when the change was announced in September 2011.
Openness
Since the filming of the leaders’ debate in the general election and the filming of public inquiries such as the Leveson inquiry, televising of public forums has brought openness to a new level.The change in the law is likely to be of significant importance – as significant as the filming of parliament.
There are, however, concerns. Critics say that televising the courts will soon turn into an OJ Simpson-style circus, and there are fears that witnesses could be discouraged from coming forward and victims could be affected. No doubt the courts will require protocols to ensure that justice is not impeded and that these concerns are addressed.
My view is that televising the courts will soon become the norm, and the real question will be “Why did we take so long to allow it?”