Cameras allowed in Court of Appeal

Written By Unknown on Kamis, 31 Oktober 2013 | 19.21

31 October 2013 Last updated at 07:36 ET
Scene in court four at the Court of Appeal

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The moment broadcasting began from the Court of Appeal

TV cameras have been allowed to record proceedings in one of the highest courts in England and Wales.

Filming is being allowed at the Court of Appeal for the first time, after a partial lifting of the long-standing ban on cameras in court.

Senior judges and major broadcasters welcomed the move, which the head of BBC News said was a "landmark moment".

Cameras are not yet allowed in crown courts and magistrates' courts.

Live broadcasting is possible in five courtrooms at the Royal Courts of Justice in London after years of campaigning by the BBC, ITN, Press Association and Sky News. Recordings can be made in 13 others.

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Analysis

There has always been something of an "open justice" disconnect between the fact that any member of the public can go and sit in a court but the court's proceedings could not be seen by the wider public watching on television.

However, the cause of cameras in court was not helped by high-profile televised trials abroad, like the sometimes unedifying one of OJ Simpson in America in 1994. It sparked fears of lawyers, judges and even witnesses "showboating" for the cameras, and television coverage focusing on the salacious details of a case at the expense of the evidence as a whole.

The judiciary here has always been particularly concerned that nothing was done that might discourage victims, witnesses and jurors - those vital "cogs" in the justice system that ensure it functions - from taking part in cases. That is why the experiment is being limited initially to the Court of Appeal and is subject to strict limitations.

It marks both an historic change and a cautious first step. But England and Wales remains many years away from a full "OJ Simpson-style" televised criminal trial.

Filming has been banned in courts - with the exception of the UK Supreme Court - since the Criminal Justice Act 1925.

Lawyers' arguments and judges' comments will be allowed to be shown - but defendants, witnesses and victims will not. Only one courtroom will be covered a day.

The most senior judge in England and Wales, Lord Chief Justice Lord Thomas, said: "My fellow judges and I welcome the start of broadcasting from the Court of Appeal.

"The Court of Appeal has, of course, been open to the public and to journalists for a long time.

"The change in the law which is now coming into force will permit the recording and broadcasting of the proceedings of the Court of Appeal.

"This will help a wider audience to understand and see for themselves how the Court of Appeal goes about its work."

Safeguards, including a time-delay system operated by a specialist video journalist, will be in place to protect normal court restrictions - such as contempt of court - and broadcasting regulations.

In cases of appeals against conviction where there could eventually be a re-trial, the footage would only be aired once the case was concluded.

BBC director of news and current affairs James Harding said: "This is a landmark moment for justice and journalism.

Baroness Helena Kennedy QC

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Baroness Helena Kennedy says court highlights will be "like goals in a football match"

"It is a significant step on the way to helping millions of viewers gain a greater understanding of how our judicial system works."

BBC deputy director of news Fran Unsworth added: "We've made our cameras very discreet."

ITN chief executive John Hardie said filming in courts would be "for the benefit of open justice and democracy".

John Ryley, head of Sky News, said: "Seeing justice being done will no longer be restricted to those members of the public who have the opportunity and time to go to court."

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"Start Quote

There should be some awe about it and it shouldn't be turned into entertainment for the masses "

End Quote Baroness Helena Kennedy QC Labour peer

Footage can be used for news and current affairs but not in other contexts such as comedy, entertainment or advertising.

Courts minister Shailesh Vara told BBC Radio 4's Today programme it was a "landmark moment" for the justice system.

"We are trying to ensure there is a balance, so the public can see what is happening, and that will be restricted to what the lawyers put forward and what the judge has to say.

"But on the other hand, we want to ensure that people are not intimidated and understand the justice system and are happy to come forward."

However, Labour peer Baroness Helena Kennedy QC said she was worried the development could undermine respect for the judicial system.

She said: "What I'm concerned about is something much more fragile, which is our liberty as citizens in this country that the legal system should be taken seriously.

"There should be some awe about it and it shouldn't be turned into entertainment for the masses and I don't trust the editors."

Barrister Michael Mansfield QC welcomed the move, saying it was long overdue.

"You have to remember justice is supposed to be public. It is public. You can walk in there today. The problem is that doesn't reach a wide enough audience and we're also subject to the editorial delights of various newspapers as to what they want to report," he said.

In Scotland, broadcasters have been able to apply to televise court proceedings since 1992 but this rarely happens.

Scotland's most senior judge, Lord Gill, has announced the policy will be reviewed to take account of changes in technology.


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