Televising Court: A massive ruling for crime journalism
After over two decades campaigning, as of 28 July in a law-changing move, broadcasters are finally allowed to film inside Crown Court sentence hearings in England and Wales.
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| Credit: Gov.uk. |
Sentencing hearings are not new to journalists, however, they are most frequently misunderstood due to the simplification of details in daily news reports. This is a momentous turn for crime journalism as members of the public will now get a deeper understanding into the reasoning behind sentences. Journalists across England and Wales have celebrated the change to the law, hoping that it will increase transparency and justice.
The new rule allows BBC News, ITN, Sky News and PA Media to film in courts under a similar system to their current set-up at the Court of Appeal. This footage will then be broadcast both on TV and online, allowing other news outlets to access their footage. Sky News are hosting a YouTube channel dedicated solely to the hearings.
Journalists must gain permission from the judge in
each case before filming and can only film the judge as the make their
sentencing remarks. The allowed broadcasters have to apply five working days
before the sentencing with the judge making a decision two days later. This
move aims to protect the privacy of those involved in the trial, including victims,
witnesses and jurors.
There will be a ten-second delay to all broadcasts to
prevent the breach of reporting restrictions or any errors; the Crown Court
will also retain copyright of all footage.
The filming of certain Court of Appeal cases has been
legal since 2013 and sentencing remarks have already been filmed in Scotland,
however, this is a great jump for broadcasters in general. Filming was
originally banned in 1925 with all images and sound recordings in English
courts unpermitted. These laws remain in place in a preponderance of countries
across the world, but this move is the first step towards the practice of other
countries like the US.
The Crown Court Recording and Broadcasting Order 2020
originally aimed to pass this law change following a pilot that allowed filming
in eight Crown Courts; however, the legal procedure was delayed due to the
COVID-19 pandemic.
The first sentencing was filmed last Thursday 28 July
at the Old Bailey, featuring the case of Ben Oliver, 25-year-old, who admitted
to the manslaughter of his bedbound 74-year-old grandfather.
Judge Sarah Munro QC was filmed as she delivered
Oliver’s sentence, handing him a life sentence with a minimum of 10 years and
eight months. Judge Munro made history as she cleared the defendant of murder and
charged him guilty of manslaughter on camera.
John Battle, Chairman of the Media Lawyers Association,
said: ‘This is a landmark moment for open justice...It will promote better
public understanding of the work of the courts and greater transparency in the justice
system.’
He further celebrated the triumph to crime journalism,
stating: ‘Court reporting is vital to democracy and the rule of law and this
long overdue change is welcomed.’
There are still concerns that judges may withhold
permission to film, but Battle said the broadcasters involved ‘understand and
respect that the judge makes the decision on everything within the court.’
Even with these doubts the Head of Sky News, John Ryley,
is calling the law change ‘a victory for the viewer.’
Crime journalists remain hopeful for the future, with
aspirations that in time other parts of the court will fall subject to filming.
Although justice may finally reach our screens, there is still a concern that the
seriousness of sentencing will become merely a media circus.