Recommendation 6

HM Government Accepted

35. Our response to JSC2 outlines some of the steps we are taking to make information about what happens in our courts and tribunals more accessible, including directly to the public. 36. Further to this, in July 2022,35 the Government, working closely with the judiciary, implemented historic legislation which allows judges’ sentencing remarks to be recorded36 and broadcast live from our Crown Courts. Allowing television cameras into these courtrooms will help the public understand how our justice system works and see justice being delivered to those found guilty of serious criminal offences. 37. We have built important safeguards into this broadcasting policy. Only approved media parties37 can request access to broadcast sentencing remarks, and this request must be approved by the relevant judge. Only the judge’s sentencing remarks may be filmed – not the whole trial – and no other court user will be filmed. Broadcast footage is subject to reporting restrictions. This is an important step forward and we will monitor its impact closely before considering any further changes. 38. In relation to HMCTS communicating information on court proceedings directly to the public, it is important that HMCTS and the independent judiciary facilitate access to the proceedings that take place in our courts and tribunals in a way that is neutral and treats every court user equally. It is also important to recognise that the state cannot replace the separate role undertaken by a free and fair media. HMCTS provides guidance and information about coming to court in the form of direct communications to parties involved in cases; and to the general public through its online channels and information provided at courts and tribunals. A number of partners, who work directly with the public, also play an important role in communicating with specific groups (such as victims and witnesses) about the experience of coming to court. JSC7b: 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 it needs in a consistent manner, as soon as possible, to facilitate court reporting. 39. In 2020, HMCTS started working with the Caerphilly Observer38 and Courtsdesk39 to evaluate the effect of an enhanced provision of magistrates’ court lists and registers. The purpose of these pilots was to explore the benefits of providing listing and register information in a form that makes it easier to search, sort, and filter, and include alerts on topics of interest, with the aim of measuring any change in the quantity and/or quality of court reporting. 40. Courtsdesk is currently undertaking an evaluation of this pilot. It will assess how successful the pilot has been at improving and increasing court reporting. HMCTS will carefully consider this evaluation when assessing how it distributes lists and when determining wider service improvements. 35 https://www.gov.uk/government/news/crown-court-sentencing-remarks-to-be-broadcast-for-first-time 36 You can see videos of sentencing remarks being delivered here: https://www.youtube.com/@SkyNewsCourts 37 The BBC, Sky News, ITN, and the Press Association. 38 https://caerphilly.observer/about/ 39 https://www.courtsdesk.com/?redirect=no 41. As outlined in paragraphs 12 to 14, HMCTS has designed and built the CATH service which will make listing information available to the public and media in one place. Future functionally will allow sort, search, and filtering of information on hearing lists. JSC7c: HMCTS should also pilot the use of regional communication and information officers to support media and public access to hearings. 42. As part of its reform programme40, which includes changes to ways of working for court and support staff, HMCTS will continue to consider how it can make it easier for journalists to contact the courts and improve consistency and efficiency when it comes to accessing the information they need. The creation of regional communication and information officers is not a part of these reforms. 43. HMCTS staff already facilitate extensive access to court and tribunal hearings and information, resulting in widespread media coverage of our justice system. HMCTS recognises, however, that the application of guidance can, at times, be inconsistent across more than 330 courts and tribunals across England, Wales, and Scotland. Where issues are brought to HMCTS’s attention, it works hard to swiftly resolve these. 44. HMCTS has developed bespoke training for its frontline staff and mandated that relevant teams regularly familiarise themselves with HMCTS media guidance41 as part of their development and capability training. Supporting the media is also a standard element of the training provided to court ushers. JSC7d: Furthermore, the decrease in the media’s coverage of the courts also strengthens the case for the reestablishment of a courts’ inspectorate, which could help to identify wider issues w