OPEN JUSTICE AND COURT CHALLENGES

OPEN JUSTICE  The principle that justice should be “seen to be done” in open court and in front of the press and public is fundamental in our society  The two key cases which define this are: Scott v. Scott 1913 and Attorney General v. Leveller Magazine (see McNae Online Resources)  There are a few “common law” exceptions to open justice such as with vulnerable witnesses in sex cases; where national security is involved; where children or people with mental incapacity are involved.  There must be “rare and compelling reasons” for excluding the press and public from court  And the press may sometimes stay when the public obliged to go.

OPEN JUSTICE 2  “In chambers” means a hearing in the courthouse but not in a main court room  “In camera” means where the media and public are excluded from all or part of a case in a court room  “In private” encompasses both of the above

OPEN JUSTICE 3  Under Section 21 of the Magistrates Court Act they must sit in open court when conducting a trial, imposing a prison sentence or at a committal hearing  Section 37 of the CYPA 1933 says the public can be excluded, but not the press, when a person under 18 is giving evidence in an indecency case  Section 25 of the Youth Justice and Criminal Evidence Act says a court must sit in private when hearing an application about whether a person’s sexual history is admissable  The same section says the public can be excluded, but one journalist can remain, when a vulnerable or intimidated witness gives evidence, for instance, in a sex case.

CHALLENGES TO COURT ORDERS  It’s important that journalists challenge court orders which are too restrictive, impede open justice – or are illegal.  But until and unless we get them lifted we must abide by them  We have a right to be heard in open court when we challenge  You can pass a note to the clerk and may be asked to address the court. Know your reasons and precendent!  An editor can make the challenge in writing  If an order is made the clerk should make a written copy available specifying why it was made and under what statute  Section 10 of the Human Rights Act – the right to free speech – can be quoted  Challenge as early as possible.  Challenges to a higher court involve lawyers and can be costly

CORONERS COURTS  A Coroner’s inquest is held into any sudden, violent or unnatural death  It exists to discover who the deceased was; how, when and where they met their death; and the particulars of the death which must be recorded  The coroner sits with a jury in certain circumstances – deaths at work, in police or prison cells, for example.  Inquests must be held in public except in cases of national security (though further changes in this area are planned)  Rule 37 of the Coroners Rules 1984 says documentary evidence can be given to save a person coming to court – but their name must be known and the evidence should be read out  There is no right of appeal but there could be a Judicial Review in the High Court which could quash a verdict.

TREASURE INQUESTS  Coroners hold inquests to decide if buried objects discovered, say, by metal detectors, are “treasure”.  “Treasure” is defined as an object, not a single coin, more than 300 years old and containing at least 10 per cent gold or silver  If an object is defined as treasure, museums are invited to take ownership and there’s a reward for the finder based on market value.  The land-owner may also receive some of the reward.