Source · Select Committees · Justice Committee
Recommendation 8
8
Accepted
Paragraph: 39
Practical barriers create a chilling effect on open justice for journalists and the public
Conclusion
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 have the potential to create a chilling effect for journalists and the public by discouraging them from exercising their right to attend hearings. Everyone working within the justice system, especially judges and court staff, has a role to play in translating the principle of open justice into reality.
Government Response Summary
The government states that HMCTS already has guidance for staff to support media access, and that the Lord Chief Justice has drawn attention to the Reporters’ Charter. It asserts that HMCTS continues to provide support and guidance through various engagements to ensure accessibility.
Paragraph Reference:
39
Government Response
Accepted
HM Government
Accepted
HMCTS’ guidance for staff on supporting media access to courts and tribunals states that court and tribunal staff should be helpful and welcoming to journalists and assist them in any reasonable way that supports their work while respecting the principle of open justice. In his evidence to the Committee, the Lord Chief Justice reiterated that open justice is a fundamental common law principle that is designed to protect the integrity of the justice system and ensure that justice is seen to be done. It applies to all court and tribunal hearings in England and Wales, unless there is a specific legal restriction in place. The Lord Chief Justice has also highlighted the importance of upholding open justice principles by drawing all judicial office holders’ attention to the Reporters’ Charter, which sets out the rights and responsibilities of journalists when reporting on court and tribunal proceedings. HMCTS continues to provide support and guidance to its staff to ensure court and tribunal hearings remain accessible and transparent. This is done through a variety of engagement with staff including judicial bulletins, internal staff communications, and training.