MPs warn court system is failing to support public understanding of justice system

The Justice Committee has called for a "renewed focus" in the court system to remove barriers to the media and members of the public coming to court proceedings.

In a report, Open justice: court reporting in the digital age, the committee warned that the court system needs to do more to support open justice in the digital age, and calls for more work to be done to support digital platforms to cover court decisions.

The report considered how the decline in print media had made it harder for people to see how the justice system operates in their areas. Where print media used to have court reporters covering local cases, many regional titles have been shut down or are no longer able to employ a dedicated reporter.

The committee argued that digital media had so far failed to fill this gap.

The digitisation of the media and the courts had been positive for some aspects of court reporting, for instance, enabling reporters to follow proceedings remotely and to use social media to give live updates on cases, the report noted.

However, the committee also highlighted evidence of journalists and members of the public having to overcome significant barriers to identify, attend and follow court proceedings.

For example, witnesses to the committee's inquiry stressed that it is often very difficult to follow and report on proceedings without access to the documents submitted to the court by the parties.

The committee called for a new approach across the court system that “makes it clear that access for the media and members of the public is a fundamental element of sound justice.”

The report suggested that the Courts & Tribunal Service should develop a single digital portal where the media and public can access full information on court proceedings, court documents and any other relevant information.

Chair of the Justice Committee, Sir Bob Neill MP said: “Since the turn of the century there has been a transformation in the media landscape. We no longer live in a world where national and local newspapers act as the eyes and ears of the public in the courtroom. However, digital media has so far failed to fill the gap in court reporting left by the decline in physical media. More needs to be done to address this critical gap and the loss of public understanding of how justice is applied. 

“Too often, significant patience and tenacity is required to access court proceedings that it is our democratic right to witness. The Courts & Tribunal Service needs to do more remove barriers to the media and public coming to court rooms, not just by doing more to publicise information but actually welcoming them in and showing how the justice system works. 

“They should also embrace the opportunities that new media and technologies allow, understanding how broadcasting of certain court proceedings and use of social media can give greater access to court. If open justice is to be improved in the long term, it will take place in the digital sphere and the court system must put in place the framework to facilitate that.” 

A Ministry of Justice spokesperson said: “We are already improving transparency of the justice system including by allowing news channels to air judges’ sentencing remarks, with the first broadcast of a murderer’s sentence just last week.

“We have also made court and tribunal judgments freely available from The National Archives and cemented journalists’ rights for reporting trials and hearings in a new Charter to ensure media have the information they need to keep the public informed.”

The Justice Committee report noted that the Single Justice Procedure, where hearings take place in private, was also of particular concern. The committee recommended that the Government should “review the procedure and seek to enhance its transparency by publishing case information in a timely fashion.”

In relation to the Single Justice Procedure the MoJ said it ensured such cases are open to public scrutiny by publishing detailed listings in advance and providing copies of prosecution and defence statements to the media. "We have worked closely with the media to ensure that the SJP procedure is accessible and open," it added.

The Ministry of Justice said it would carefully consider the Justice Committee report’s recommendations.

Lottie Winson