Recommendation 23

HM Government Accepted

72. The Judicial College63 publishes guidance, updated in September 2022,64 setting out the recommended approach to take when making decisions to exclude the media or prevent it from reporting proceedings in the courts. This guidance aims to distil and explain the relevant legal provisions and principles when considering reporting restrictions, so they are clearly understood and properly applied in practice. 73. In addition, HMCTS publishes guidance,65 which was developed with representatives of the media, to help court and tribunal staff provide the best possible service to the media and uphold the long-standing principle of open justice. Alongside this is a protocol on sharing court lists, registers, and documents with the media66 which has been agreed by HMCTS, the Society of Editors,67 and the News Media Association.68 This was approved by the Lord Chancellor for the purposes of conforming to the relevant Criminal Procedure Rules and came into effect in April 2020. 74. Sometimes automatic (via legislation) or discretionary reporting restrictions (decided by the judge) must be put in place. Automatic reporting restrictions are in addition to the media’s own responsibility for compliance with the Contempt of Court Act 198169 (which includes specific defences to enable fair, accurate, contemporaneous court reports, and discussion of public affairs or other matters of general public interest). With discretionary reporting restrictions, the Criminal Procedure Rules require the media to be given advanced notification of any application for reporting restrictions by the applicant, and an opportunity to make representations about discretionary reporting restrictions. Parties seeking reporting restriction orders should put them in writing as soon as possible and the media should be put on notice as to the existence and terms of the order. Once an order is in place, HMCTS relays this information to the media through various channels (such as notices in press rooms and entries on court lists) which are set out in the published guidance for court and tribunal staff. HMCTS are looking at making processes for notifying restrictions more consistent and will keep its guidance under review. It was last updated in September 2022.70 75. It is important to remember that, even with reporting restrictions in place, information about a case or hearing can still be given to the media. As outlined, it is the media’s responsibility to ensure that what is published conforms to their legal obligations. 76. The AGO recently ran the ‘Think Before You Post’ PLE campaign, complete with examples of social media posts which could prejudice court proceedings.71 Following on from the success of this campaign, the AGO has updated its guidance on the Law Officers’ approach to contempt of court referrals.72 The new guidance provides greater 63 https://www.judiciary.uk/about-the-judiciary/training-support/judicial-college/ 64 https://www.judiciary.uk/guidance-and-resources/reporting-restrictions-in-the-criminal-courts-4th-edition- update/ 65 https://www.gov.uk/government/publications/guidance-to-staff-on-supporting-media-access-to-courts-and- tribunals 66 https://www.gov.uk/government/publications/guidance-to-staff-on-supporting-media-access-to-courts-and- tribunals/protocol-on-sharing-court-lists-registers-and-documents-with-the-media-accessible-version 67 https://www.societyofeditors.org/about/ 68 https://newsmediauk.org/about/ 69 https://www.legislation.gov.uk/ukpga/1981/49 70 https://www.gov.uk/government/publications/guidance-to-staff-on-supporting-media-access-to-courts-and- tribunals 71 https://www.gov.uk/government/news/attorney-general-launches-new-campaign-to-combat-contempt-of- court-online 72 https://www.gov.uk/guidance/the-law-officers-approach-to-contempt-of-court-referrals clarity regarding referrals to their office. When reviewing possible contempt of court issues, the Law Officers act independently of Government and in their roles as Guardian of the Public Interest. 77. HMCTS recognises that practice can, at times, be inconsistent. As ever, where issues are brought to HMCTS’ attention, it works hard to swiftly resolve these. HMCTS is committed to embedding greater consistency in its practices and continuously improving the service it provides to the media in their day-to-day dealings with courts and tribunals. HMCTS has developed bespoke training for its operational staff and mandated that relevant teams familiarise themselves with HMCTS media guidance as part of their development and capability training. Supporting the media is also a standard element of the training provided to court ushers.