2 - United Kingdom
Published online by Cambridge University Press: 27 October 2009
Summary
Introduction
Statutory prohibitions bar television cameras from courtrooms in England, Wales and Northern Ireland.
Since 1925, section 41 of the Criminal Justice Act 1925 has imposed an absolute ban on the taking of photographs in courtrooms and in the precincts of courts in England and Wales. Section 29 of the Criminal Justice Act 1945 imposes an identical prohibition with respect to courts in Northern Ireland. Though section 41 does not expressly prohibit the televising of court proceedings, its prohibition on the taking and publishing of photographs in courts has been held to apply to television cameras. Prior to 1925, courtroom photography in England and Wales had been regulated and sometimes prohibited by judges' exercise of their inherent power to control proceedings, and the law of contempt of court.
As section 41 does not apply to Scottish courts, such inherent power has governed camera access to courtrooms in Scotland. A rule of practice flowing from the courts' inherent power effectively banned cameras from Scottish courts prior to 1992, and continues to severely restrict such coverage.
Since 1981, sound recording of British court proceedings has also been prohibited by section 9 of the Contempt of Court Act 1981, which imposes an absolute prohibition on the publication of sound recordings of legal proceedings and restricts the use of recording devices to occasions where leave is granted by the court and to the recording of official transcripts of proceedings.
- Type
- Chapter
- Information
- Audio-visual Coverage of CourtsA Comparative Analysis, pp. 11 - 68Publisher: Cambridge University PressPrint publication year: 2008