Source · Select Committees · Justice Committee
Fifth Report - Open justice: court reporting in the digital age
Justice Committee
HC 339
Published 1 November 2022
Recommendations
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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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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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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Conclusions (19)
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.
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.
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.
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.
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.
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.
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.
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.
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.