TV
cameras to be allowed into criminal trials
David
Cracknell, Political Editor
http://www.timesonline.co.uk/article/0,,2087-1715141,00.html
Subday
Times - 31st July 2005
TELEVISION cameras
are to be allowed into British courts for the first time from next year,
according to a leaked government document.
Broadcasters will be allowed to cover live some of the proceedings in
high-profile criminal trials and civil disputes, ministers have decided.
It was expected
that Lord Falconer, the lord chancellor, would limit the use of cameras
in courtrooms to appeals in the Royal Courts of Justice.
But the document
discloses that Falconer has won cabinet approval to expand the scheme
to criminal trials as well. This could mean that if the London bombing
suspects were brought to trial, part of their hearings could be screened
on national television.
However, the
government has placed strict conditions on the coverage so as to strike
a balance between demystifying the judicial system and protecting the
identity of witnesses who give evidence in court. In all cases only
the judge will be shown in camera shot, not the defendants, lawyers,
jurors or witnesses.
Ministers have
included the safeguards so that witnesses are not discouraged from coming
forward and to prevent the risk of participants “playing up to
the camera” or changing their behaviour because of television
coverage.
It will also
be within the discretion of the judge to refuse broadcasters access
where the case is regarded as too sensitive or if there is a risk of
prejudicing another trial.
The leaked memo
states that coverage will be allowed for: oAll judgments in open court
in civil proceedings, including those handed down in the Court of Appeal.
oPassing of sentences or acquittals in open court in criminal trials
in the crown courts. oA judge’s summing up in open court in criminal
trials in crown court, subject to the proviso that both prosecution
and defence agree.
The decision
to allow in the cameras follows a consultation with lawyers and broadcasters
and the operation of a six-week pilot project. Cherie Booth, the prime
minister’s wife, was among the lawyers filmed and another televised
appeal case involved the dispute between Hello! and its rival magazine
OK! over the pictures of the wedding of Michael Douglas and Catherine
Zeta-Jones.
The remote-control
cameras focused on barristers and judges. They were not allowed to “fast-pan”
or zoom in.
Judges will
still have a veto if they feel televising a case is not in the public
interest.
