Source · Select Committees · Justice Committee
Fifth Report - Open justice: court reporting in the digital age
Justice Committee
HC 339
Published 1 November 2022
Recommendations
7
Accepted in Part
HMCTS must enhance direct communication and provide media information to facilitate court reporting
Recommendation
As the public receives less information through the media on the work of the courts, HMCTS should do more to enable the courts to communicate information on court proceedings directly to the public. In addition, HMCTS needs to use technology …
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Government Response Summary
The government highlights the implementation of legislation in July 2022 to allow broadcasting of Crown Court sentencing remarks, aiding public understanding. It also mentions an ongoing pilot with Courtsdesk to evaluate enhanced provision of magistrates’ court lists for media, with findings to be considered for future service improvements, but does not address piloting regional officers or re-establishing a courts' inspectorate.
Ministry of Justice
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10
Accepted
Para 40
Publish a citizens’ charter outlining public rights to access court information
Recommendation
HMCTS should publish a citizens’ charter that outlines the public’s rights to access information on the courts.
Government Response Summary
HMCTS commits to developing and publishing a charter for members of the public in 2023 that will summarise existing rules for public access to court hearings and information.
Ministry of Justice
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15
Accepted
Para 49
Gather and publish detailed data on remote court proceeding observation requests by jurisdiction.
Recommendation
We recommend that HMCTS gathers and publishes data on requests to observe proceedings remotely. In particular, it would be useful to know the number of requests received and the number of requests granted by jurisdiction.
Government Response Summary
HMCTS commits to making the Video Hearing (VH) service its sole platform for all remote and hybrid hearings, and as it is developed, it will have in-built functionality to automatically collect anonymised data on the number of observers at each hearing.
Ministry of Justice
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18
Rejected
Para 59
Consider expanding digital portal to include all court information, results, and restrictions.
Recommendation
We request further information on when this service will go live and what improvements are planned to the level of information on the lists and the accessibility of the service. We recommend that HMCTS considers whether the proposed digital portal …
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Government Response Summary
The government confirmed the new CATH service is live for SJP lists and will expand to civil, family, and other tribunals throughout 2023, but stated it has no plans to publish results, reporting restrictions, or court documents via this service due to resource implications.
Ministry of Justice
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20
Rejected
Para 72
Establish streamlined digital portal for court document and reporting restriction access.
Recommendation
The Government and HMCTS should establish a streamlined process for accessing court documents, including courts lists, using a digital portal modelled on Public Access to Court Electronic Records (PACER) in the United States. This should also be used to inform …
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Government Response Summary
The government rejected establishing a digital portal for all court documents modelled on PACER due to resource and suitability concerns, but plans to explore access to case files in a call for evidence in 2023.
Ministry of Justice
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25
Rejected
Para 87
Explore AI-powered transcription pilots and review contracts to improve court transcript accessibility
Recommendation
HMCTS should explore whether greater use of technology, such as AI-powered transcription, could be piloted to see whether it can be used to reduce the cost of producing court transcripts. HMCTS should also consider whether the sentencing remarks in the …
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Government Response Summary
The government states it intends to run further pilots for AI-powered transcription, subject to future funding decisions. However, it explicitly considers routine recording and transcription of magistrates’ court hearings to be disproportionate, though it will seek stakeholders' views via a call for evidence in 2023 before making future decisions, and does not address reviewing transcription contracts.
Ministry of Justice
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26
Accepted
National Archives Find Case Law Service should be first step for judgment accessibility
Recommendation
We welcome the establishment of the National Archives Find Case Law Service. However, this service should represent the first step in improving the public accessibility of judgments. (Paragraph 93) 54 Open justice: court reporting in the digital age
Government Response Summary
The government acknowledges the Find Case Law service is in early stages with incremental improvements underway and shares the ambition for greater access to judgments. It will use a 2023 call for evidence to gauge public views on expanding the service, with a long-term goal of providing a complete record.
Ministry of Justice
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31
Accepted
Para 110
Evaluate the new remote observation framework considering court resources and transmissions
Recommendation
It is right that judges are in control of the decision as to whether to allow remote observation. In some cases, judges will find these decisions difficult to make. It is crucial therefore that the effect of this new framework …
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Government Response Summary
The MoJ will undertake a light-touch qualitative review in 2023, work with HMCTS’ Media Working Group, and include the remote observation framework in a call for evidence, to evaluate the impact and operation of the new framework as recommended.
Ministry of Justice
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32
Accepted
Para 110
Commission an evaluation of the new framework's first year of operation by June 2023.
Recommendation
HMCTS should commission an evaluation in June 2023 to examine how the new framework has worked in its first year of operation.
Government Response Summary
The MoJ will undertake a light-touch qualitative review with court and tribunal staff and the judiciary in 2023, work with the Media Working Group, and include the remote observation framework in a 2023 call for evidence to understand its impact.
Ministry of Justice
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35
Acknowledged
Commission research to identify suitable civil and criminal proceedings for broadcast and video archiving.
Recommendation
More widely, we recommend that HMCTS and the Judiciary commission research to determine which civil and criminal proceedings could be suitable for broadcast and video archiving. In principle, we would support the extension of broadcasting and recording to civil trials …
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Government Response Summary
The government will monitor the impact of Crown Court broadcasting changes introduced in 2022 before making further interventions and *may* use a call for evidence to gather views on expanding the current regime.
Ministry of Justice
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39
Accepted
Para 130
Review the Single Justice Procedure to enhance transparency through timely publication of information.
Recommendation
The Government should review the procedure and seek to enhance its transparency by ensuring that any information that would have been available had the cases been heard in open court is published in a timely fashion.
Government Response Summary
The government states that courts already provide more detailed information on SJP cases than traditional proceedings, and *may* explore SJP transparency further through a 2023 call for evidence.
Ministry of Justice
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40
Rejected
Strengthen open justice governance by formalising Data Governance Panel and establishing user group.
Recommendation
The Government should clarify and strengthen the governance structures on open justice. The Senior Data Governance Panel should be formalised and its powers and remit should be defined and published. It is vital that the decisions made by the Panel …
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Government Response Summary
The government has formalized the Senior Data Governance Panel and will publish its terms of reference and work information in early 2023. However, they do not plan to empower the Media Working Group with policy functions or establish a new court information users’ group, but will explore existing engagement mechanisms via a call for evidence.
Ministry of Justice
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41
Acknowledged
Para 145
Ask Law Commission to propose reform of Section 12 for better transparency-confidentiality balance.
Recommendation
We agree with the President of the Family Division that there should be a review of section 12 of the Administration of Justice Act 1960. In our view section 12 of the Act should be reviewed and reformed so that …
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Government Response Summary
The government is working with the President of the Family Division as part of the Transparency Implementation Group and remains committed to increasing transparency, but does not commit to asking the Law Commission to review Section 12 of the Administration of Justice Act 1960.
Ministry of Justice
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Conclusions (32)
1
Conclusion
Accepted
Para 2
We would encourage every family court in England and Wales to invite their local MPs to visit so that they can hear accounts of the issues facing the family justice system from those who are responsible for delivering justice on a daily basis.
Government Response Summary
The government highlights that the President of the Family Division already encouraged District Family Judges to invite local MPs to visit their courts, and HMCTS will support and facilitate such visits.
2
Conclusion
Accepted
Para 11
The Lord Chancellor and the Lord Chief Justice should consider producing a White Paper that clarifies and publicises the right of the public to attend court hearings and access information on court proceedings in the digital age.
Government Response Summary
The government states it has already taken considerable steps to improve access to court information and hearings, detailing initiatives like the new Court and Tribunal Hearings service (CATHs) and existing guidance and legislation.
3
Conclusion
Rejected
Para 19
Open justice is a common law principle, and it is for the courts to determine its requirements in particular cases. However, responsibility for deciding how the principle should operate should not be left to the courts alone. Deciding the proper limits of open justice can often give rise to significant …
Government Response Summary
The government rejects the need for new legislation, stating that the principle of open justice is amply provided by existing common law, Article 6 of the European Convention on Human Rights (Human Rights Act 1998), and other established statutes.
4
Conclusion
Accepted
The internet and social media are changing the way that the public access court proceedings, which is making the work of the courts more accessible; but this also presents dangers for the administration of justice. In the digital age, it is vital the Government, Parliament and the Judiciary work together …
Government Response Summary
The government commits to continuing close collaboration with the judiciary to monitor the impact of remote observation legislation and broader technology, and will bring forward further measures, including legislation, if required to safeguard justice.
5
Conclusion
Accepted
Para 32
The well-documented decline in the news media’s coverage of the courts, particularly the Magistrates’ courts, is concerning. In acting as the eyes and ears of the public, the media perform a vital role in keeping the public informed on the operation of the justice system.
Government Response Summary
The government outlines steps already taken to increase court transparency, such as broadcasting sentencing remarks from Crown Courts and HMCTS providing information to the public. They acknowledge the media's vital role but state the state cannot replace it, focusing on improving direct access to court information.
6
Conclusion
Accepted
Para 33
The decline in court reporting has had a negative effect on open justice in England and Wales.
Government Response Summary
The government refers to existing steps to make court information more accessible, highlights the already implemented legislation allowing broadcast of judges' sentencing remarks, and notes ongoing training for HMCTS staff to facilitate media access.
8
Conclusion
Accepted
Para 39
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 …
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.
9
Conclusion
Accepted
Para 40
We welcome the publication of the Reporters’ Charter, which for the first time sets out the rights and obligations of journalists reporting on court proceedings. We note, however, that the rights of access that flow from the principle of open justice are not exclusively for reporters’—it is vital that members …
Government Response Summary
The government highlights the launch of the Court and Tribunal Hearings service (CATHs) in July 2022, which digitises and standardises hearing lists to make information more accessible for both the public and media. It also plans a wider call for evidence in 2023 exploring open justice and access to information.
11
Conclusion
Not Addressed
Para 41
The Reporters’ Charter helpfully directs the media to the MOJ press office and the Judicial Press Office to deal with enquiries and issues on accessing court proceedings and information. There should be a single point of contact for all accessibility and open justice inquiries from the media and from the …
Government Response Summary
The response text provided is incomplete, but it appears to be restating the recommendation.
12
Conclusion
Accepted
Para 42
HMCTS should institute a programme of open days to encourage the public to visit their local courts, for example during Justice Week. This programme should be used to improve the awareness of both the public and HMCTS staff of the public’s right to attend court proceedings. Furthermore, there should be …
Government Response Summary
The government highlights existing locally-led community outreach, school visits, mock trial competitions, and judicial engagement programmes already in place to improve public legal education and court awareness.
13
Conclusion
Accepted
Para 44
Every court should list an email address on its website to enable the media and the public to request access to remote hearings.
Government Response Summary
The government states that its existing Find a Court or Tribunal (FCT) service and the new Court and Tribunal Hearings (CATH) service already provide contact details, including email addresses, for requesting remote hearing access.
14
Conclusion
Deferred
Remote hearings are still a relatively new and innovative feature of the justice system in England and Wales. The evidence to our inquiry suggests that there is a problem with a lack of coherence and consistency in relation to the ability of the media and the public to access remote …
Government Response Summary
The MoJ will undertake a qualitative review, work with HMCTS’ Media Working Group, and include remote observation in a call for evidence in 2023 to understand its impact and gather feedback, before considering further action.
16
Conclusion
Acknowledged
Para 57
HMCTS should ensure that the Crown Court provides the same level of information to journalists on the outcome of cases as is currently provided by the Magistrates’ court.
Government Response Summary
The government acknowledges that Crown Court information is currently provided reactively compared to magistrates' courts but will only keep this under review and consider future alignment of practice.
17
Conclusion
Accepted
Para 59
We welcome the planned digitisation of the publication of court and tribunal lists and the consolidation into a single service in one location.
Government Response Summary
The government states it has already launched the first phase of its new Court and Tribunal Hearings service (CATHs) in July 2022, which digitises, consolidates, and standardises hearing lists as welcomed by the committee.
19
Conclusion
Deferred
Para 64
The Committee would welcome an update on the work being undertaken by the Civil Procedure Rule Committee to improve access to documents in civil proceedings.
Government Response Summary
The government redirected to its response to JSC3 (paragraphs 29 to 31) for an update on the Civil Procedure Rule Committee's work to improve access to documents.
21
Conclusion
Deferred
Para 73
The Government and HMCTS should conduct, or ask the Law Commission to conduct, a comprehensive review on access to documents referred to in open court and propose legislation if necessary to clarify the position.
Government Response Summary
The government stated it plans to consult on access to documents referred to in open court via a call for evidence and will consider feedback before making any future decisions, rather than committing to a comprehensive review or proposing legislation.
22
Conclusion
Accepted
Para 82
Reporting restrictions play a key role in securing the fairness of the justice system. However, it is clear that there is inconsistency in the courts’ approach to notifying the media when restrictions are in place, and they are often not effective at ensuring compliance, particularly on social media. This is …
Government Response Summary
The government acknowledges inconsistency in courts' approach to reporting restrictions and commits to embedding greater consistency and improving service to the media. They highlight updated AGO guidance on contempt of court referrals and bespoke training for HMCTS operational staff and court ushers as measures to address these issues.
23
Conclusion
Accepted
Para 82
The proposed new digital portal should also enable access to a centralised database of reporting restrictions on cases.
Government Response Summary
The government did not commit to creating a centralised database of reporting restrictions on a digital portal but outlined existing guidance and protocols and stated HMCTS has developed bespoke training for operational staff to improve consistency.
24
Conclusion
Rejected
Para 87
The current situation on court transcripts is unsatisfactory.
Government Response Summary
The government acknowledged court transcripts are not routinely accessible and rejected routine recording of magistrates' courts hearings as disproportionate due to cost, stating it will seek stakeholders' views via a call for evidence before making future decisions.
27
Conclusion
Accepted
Para 93
HMCTS should reform the way that judgments are collected, stored and published so that there is less reliance on commercial legal publishers. The judgments of courts are the product of a publicly funded justice system and the public, the media and the legal sector should not have to pay significant …
Government Response Summary
The government highlighted the recently launched free-to-access FCL (Find Case Law) service, which provides public access to over 2,700 judgments since April 2022, and stated it will use a 2023 call for evidence to gauge views on further expansion.
28
Conclusion
Acknowledged
Para 97
All Crown Court sentencing remarks should be published in audio and/or written form. HMCTS should ensure that the necessary resources are made available to enable sentencing remarks to be published.
Government Response Summary
The government stated it is exploring the option of incorporating Crown Court sentencing remarks into the FCL service as part of its expansion and is monitoring the service's use to inform future decisions.
29
Conclusion
Accepted
We are concerned over whether the Ministry of Justice has allocated sufficient funding to ensure that the court reform programme can overcome some of the barriers to public and media access to information on courts. We ask the Government to provide a status update on any ongoing projects that are …
Government Response Summary
The government outlined its £1.3bn HMCTS reform programme, launched in 2016, which includes projects like the CATH service, Video Hearings, Single Justice Procedure, and Common Platform, stating these are designed to make the courts system more accessible and efficient.
30
Conclusion
Accepted
Para 109
We welcome the new legislative framework for remote observation of court proceedings. The combination of this framework and improvement of the technological facilities of courts has the potential to enhance open justice by making it easier for the public and the media to observe proceedings.
Government Response Summary
In response to the welcomed legislative framework for remote observation, the MoJ commits to undertaking a qualitative review in 2023, engaging with the HMCTS Media Working Group, and including the framework in a public call for evidence to understand its impact.
33
Conclusion
Acknowledged
Para 111
The power to allow the transmission of proceedings to designated livestreaming premises has great potential to enable more people to observe court proceedings and enhance open justice. If students were able to observe cases in classrooms and lecture halls, or if community centres could host livestreams of court proceedings, the …
Government Response Summary
The government agrees the power exists through remote observation legislation but has not yet been used; they will explore the appetite for its use in a forthcoming call for evidence.
34
Conclusion
Deferred
Para 118
We welcome the broadcasting of Crown Court sentencing remarks. It is a positive step for both open justice and the public understanding of sentencing.
Government Response Summary
The government states it will carefully monitor the impact of the broadcasting changes introduced in summer 2022, and may use a call for evidence to gather views on expanding the current broadcasting regime before deciding on further interventions.
36
Conclusion
Accepted
Para 125
The changes to criminal procedure in the Judicial Review and Courts Act 2022 should be carefully monitored. After one year of their operation, the Ministry of Justice should initiate an evaluation of how the changes are operating in practice, including their impact on open justice.
Government Response Summary
The government states that these changes, as part of the HMCTS reform programme, will be subject to a review in line with HMCTS’s public commitment to evaluate reform measures after a reasonable operating period.
37
Conclusion
Accepted
Para 126
The potential effect of these changes on open justice might also be mitigated by ensuring that the relevant information that would have otherwise been said in open court is documented and published online in a timely fashion.
Government Response Summary
The government states that information about cases dealt with via the new criminal procedures in the JRCA 2022 will be made available to the media and other interested parties in line with existing Criminal Procedure Rules.
38
Conclusion
Accepted
Para 130
We remain concerned by the Single Justice Procedure’s lack of transparency.
Government Response Summary
The government claims existing provisions for the Single Justice Procedure already provide more information to the public and media than traditional open court proceedings, citing online publication of case lists and detailed information for media. It states it may explore the SJP further through a call for evidence in 2023.
42
Conclusion
Acknowledged
Para 152
In broad terms, we support the Transparency Review’s principal recommendation that media representative and bloggers should be able to report, subject to the relevant restrictions, on the cases they observe in the Family Court. We would caution, however, that given the decline in the number of court reporters in recent …
Government Response Summary
The government states that decisions on media and blogger reporting in family courts are ultimately for the judiciary, but they are working alongside the President of the Family Division to establish media reporting pilots.
43
Conclusion
Accepted
Para 153
We welcome the commitment to produce more informative family court lists. The success of the proposed pilot will depend on journalists and bloggers being able to identity cases that will generate wider public interest.
Government Response Summary
Family court lists are currently available on CourtServe, and in 2023 they will also be available on the new CATH service to ensure consistent publication.
44
Conclusion
Rejected
Para 155
We welcome the Transparency Review’s proposal to set a target of every judge publishing 10% of their judgments. If achieved, this would make a significant 56 Open justice: court reporting in the digital age contribution to the transparency of the Family Court and to open justice. It is crucial that …
Government Response Summary
The government states that setting the 10% judgment publication target and resourcing the anonymisation unit would require considerable resources, which must be balanced against existing commitments and priorities, especially reducing the family court backlog. They are exploring other options instead of committing to the proposed resourcing.
45
Conclusion
Rejected
His Majesty’s Court and Tribunal Service should ensure that the requisite resources are provided to enable the establishment of an anonymisation unit that facilitates the publication of at least 10% of Family Court judgments without the risk of identification of the parties involved. (Paragraph 155) Open justice: court reporting in …
Government Response Summary
The government does not commit to establishing an anonymisation unit for Family Court judgments due to significant resource requirements and conflicting priorities, stating its main focus is on reducing the family court backlog. It is exploring other options for increasing transparency.