The principle of open justice is - that justice is done and seen to be done. Courts must administer justice in public. Open justice is a legal principle that is a cornerstone of the common law, as noted by the House of Lords in 1913, and vital to democracy. Some of the key benefits of open justice include ensuring public confidence and respect in democracy and the administration of justice, as well as deterring people from committing crimes. A transparent criminal justice process allows the public to understand what is happening in the courts. Under the criminal proceedure rules the court can release factual information that is said or read out in open court, contained within a court document that is open to public inspection, or placed on a public notice board. The courts can release all the material informing the decision of the court. The courts must provide details including the result and any date of any hearing in public - The full details are contained within Rule 5.8 of the Criminal Procedure Rules - on request from a member of the public or media (in court or by phone), where the relevant information is available and it is not prohibited by a reporting restriction and the case is ongoing (or the verdict is less than six months ago). There has been a long-standing practice of courts providing the addresses of defendants to the media (although not to the public) even when it is not read out in open court in order to ensure the accurate identification of those involved in criminal proceedings. In rare cases, a judge will make a specific order that the address of the defendant cannot be disclosed to the media. If, for example, disclosure of the defendant's address would expose the defendant to a real and immediate risk to his or her life. Open Justice Resources Court Cases Live Video and Video Archive: • The Court of Appeal (Civil Division): Live streaming of court hearings • Court of Appeal video archive: https://www.judiciary.uk/publication-jurisdiction/video-archive/ Court Case Results (magistrates and crown court): • Newspaper Search (Support Local News) • British Library Newspaper Archive • Police News Judgments: • Judiciary • Supreme Court • Bailii • House of Lords publications For further information see: • Criminal Procedure Rules (pdf) • Protocol for working together: Chief Police Officers, Chief Crown Prosecutors and the Media • Protocol to achieve greater openness in reporting criminal proceedings: https://www.cps.gov.uk/publication/publicity-and-criminal-justice-system • Reporting Restrictions: https://www.judiciary.gov.uk/publications/reporting-restrictions-in-the-criminal-courts-2/ • Court Case Transcripts: https://www.gov.uk/apply-transcript-court-tribunal-hearing |
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