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CCM Section 32
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Communications
Contents
1 Media relations (including reporting restrictions)
1.1 Reporting restrictions
1.2 Criminal Procedure Rules Part 16 (restrictions on reporting and public access
)
1.3 Reporting restrictions on Court of Appeal re-trials
1.4 The use of live text-based forms of communcation (including Twitter) from
Court for the purpose of fair and accurate reporting
1.5 Note taking from the public gallery
1.6 A protocol on providing court registers and court lists
2 Deaths affecting Courts
2.1 Introduction
2.2 Process and reporting
2.3 Prison and Probation Ombudsman (PPO)
3 Communcation with prisoners
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1 Media relations
Court staff will often be contacted by the media with requests for information about
individual cases, issues in the court or reporting restrictions. HMCTS Press Office has
produced detailed guidance for court staff on dealing with the media. It is available on the
intranet:
here
Press Office can also be contacted by court staff for advice on 020 3334 6697/8
1.1Reporting restrictions
The principle of open justice means that, in general, court proceedings should be open to
anyone who wants to observe, and journalists may report those proceedings to the wider
public. There are certain exceptions to this, which may lead to the press and the public
being excluded from all or part of the trial in the interests of justice, morals, public order or
national security.
In the High Court, the Crown Court or a magistrates’ court, the judge/magistrate has the
power to impose temporary or permanent reporting restrictions on certain categories of
cases, on application or on the court’s own initiative, and a number of automatic statutory
reporting restrictions apply.
1.2 Criminal Procedure Rules, Part 16 (Restrictions on reporting and public
access)
The new rules at Part 16 concern: the statutory grounds for the making or varying of
reporting restrictions at public hearings; restrictions on public access to courtrooms; trials
in private; restrictions on making audio recordings of criminal proceedings; and restrictions
on using devices such as mobile phones or portable computers to transmit written
messages from the courtroom. The rules apply to the exercise of all reporting and access
restrictions available to the criminal courts, and include an explicit presumption in favour of
open justice that has up until now been contained in case law and, indirectly, in the
requirements of the European Convention on Human Rights.
Part 16 importantly sets out the various statutes under which restrictions may be imposed.
It should serve as a guide to court staff where there is uncertainty about what restrictions
may apply and the court’s role in managing their administration. It is available on the
Justice website:
here
Where the court has the power to impose a restriction on the reporting of events at a public
hearing, or on public access to an otherwise public hearing, or has the power to withhold
information from the public during a public hearing, the court may do so on application by a
party or on its own initiative. The ‘party’ who wants the restriction imposed must apply as
soon as reasonably practicable, notify any other party, and any other person as the court
directs. They must specify the proposed terms, how long the restriction should last, what
power the court has to make the order, and why such an order is necessary.
If the application is for the trial to be held in private, court officers must display a notice of
the application being made at a prominent location near the courtroom, and give notice of
the application to the media according to any other administrative direction given by the
court manager.
The media always should be allowed an opportunity, if they want, to make representations
to the court about a discretionary reporting restriction that the court is thinking of making or
is being asked to make. If the decision to impose the restriction is being taken at a hearing
in public, which will usually be the case, then that of itself allows the media a sufficient
opportunity to attend and raise any objections that they may have. It is not the
responsibility of court staff to give media representatives any more information about what
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may happen at that hearing than they usually receive. If, exceptionally, the court is asked
to impose a reporting restriction at a hearing in private, or without a hearing at all, then
action should be taken to inform the media, in the same way they are informed of an
application for a trial to be held in private.
Any reporting restriction imposes potential criminal liability on any media organisation that
breaches it and it is therefore essential that the restriction(s) imposed is written up as soon
as possible in clear and precise terms, and drawn up as a court order as soon as
practicable.
Subject to the requirements of Part 16, local procedures may vary, but as a rule, court staff
will be responsible for producing the relevant order and any accompanying notices that will
be displayed following an order for reporting restrictions in any type of case. These notices
should be drawn up promptly and agreed with the judge/magistrate who made the order.
The following information will be available from the order and should be included in any
notice:
date of order
name of trial
who made the order and where
reason for the decision and the legal basis
what or who is affected by the order
how long the order is intended to last
lifting restrictions in place.
The notice should also mention that if the media wish to challenge the order, they
will need to make representations to the judge/magistrates.
Note: orders that are rescinding, replacing, updating or amending a previous order
must make this clear, including the status of previous orders. All decisions from the
list above must be clearly recorded on the court file and on XHIBIT/CREST
All notices setting out the above information must be clearly displayed on the courtroom
door, by daily lists and in the pressroom, if there is one. Copies of the notices should be
made and retained on the court file so that queries can be easily answered.
CREST/electronic systems, including public display screens, should also be updated and
the listing officer should then ensure that details appear on the court list so all staff and
media are alerted to the fact that reporting restrictions are in place.
The media should be able to find out if there are reporting restrictions on a particular case
in a timely fashion but court staff should not attempt to interpret the restrictions. The
appropriate members of staff should however, be available and briefed to deal with media
inquiries, inside and outside of court hours, this could be a nominated press or media lead.
Whilst HMCTS is under a duty to ensure any reporting restrictions are accurately recorded
and displayed. Newspapers are expected to pay close regard to the reporting restrictions
made and carry the risk of contempt of court if they publish information subject to reporting
restrictions.
If the media want further clarification, they should seek legal advice. If the media publish an
article that is based on inaccurate interpretation by court staff, it could be the provider of
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the information that may be held in contempt of court. Court staff should avoid any
requests for advice on the interpretation or scope of reporting restrictions.
When appropriate, inform the media that there is a restriction order on communications. If
the media wish to challenge the order, the representative will need to make
representations to the judge/magistrates. If the order is ignored, then the responsible
organisation or representative (as determined by the court) could bear any repercussions.
In October 2009 the JSB (now the Judicial College) published guidance for courts and
reporters on ‘Reporting restrictions in the criminal courts’, which still applies. Though it was
written before the new rules were made, it was the basis for the rules and it is compatible
with them. It is available
on the Judiciary website: here
Please note that on the Judicial College website the document is inaccurately titled ‘Crown
Court reporting restrictions’, but also applies to the magistrates’ courts.
1.3 Crown - Reporting restrictions on Court of Appeal re-trials
In a majority of re-trials ordered by the Court of Appeal Criminal division, a reporting
restriction under S4(2) Contempt of Court Act 1981 will be implemented. This is to
postpone the publication of any report of the proceeding until after the conclusion of any re-
trial is made.
Courts are to notify this office when a re-trial has been concluded, so that the restriction on
the judgment originally handed down at the Court of Appeal can be lifted. Notifications of
when a re-trial has concluded should be sent to
xxxxxxxxxxxx@xxxxx.x.xxx.xxx.xx .
A copy of the letter which will be sent by the registrar to the court manager in the event of a
re-trial is attached for information.
Supporting document
Retrial letter
1.4 The use of live text-based forms of communication from court for the
purposes of fair and accurate reporting (mobile phones, laptops, email,
twitter, etc)
Rule 16.9 of the Criminal Procedure Rules governs applications to make sound recordings
in court, or to use in court devices for communicating by electronic means. In December
2011 the Lord Chief Justice published practice guidance: ‘The Use of Live Text-Based
Forms of Communication (including Twitter) from Court for the Purposes of Fair and
Accurate Reporting’. It is available on the Judiciary website:
here
Where the court is able to give permission to bring into a hearing (and use) devices for
communicating via electronic means or making sound recordings, and is able to give
permission to publish such sound recordings, the court may give permission of its own will,
or on application.
A person seeking permission should apply as soon as it is reasonably practicable;
explaining why they feel the court should permit the use or publication that is proposed and
serve notice on each party and on any other person that the court directs. If the court
allows the application it may give directions aimed at minimising the risk of contravening a
restriction, disrupting or compromising the fairness of the hearing.
If a person makes a sound recording or publishes a sound recording made during a
hearing, without permission, the court may ask that person to forfeit the device used, and
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the person responsible may be held in contempt of court. A party may also apply to the
court for the forfeiture of a device, notifying the user of the device and other parties, and
explaining why the court should exercise the power to make forfeiture.
Please note that ‘publishing’, in the context of to this guidance, does not necessarily refer
to broadcasting in the wider sense, but can mean communicating information to just a
person. Section 9 (1)(b) Contempt of Court Act 1981 (CCA 1981) prohibits the type of
general publication described in that subsection; which would prohibit broadcasting, but not
'publication' in the narrower sense. In the context of Rule 16.9 (b), The court can control
'publication' in the narrow sense, by imposing conditions on the making of the recording,
but cannot
allow the sort of general publication specified in s.9(1)(b) CCA 1981.
1.5 Note taking in the public gallery of criminal courts
It is accepted that justice is administered in open court where anyone present may listen to
and report what is said. There can be no objection to note taking in the public gallery
unless it is done for a wrongful purpose; for example, to brief a witness who is not in court
on what has already happened. This may occur in the Crown Court, where witnesses who
have yet to give evidence are usually kept out of court and in civil cases in which the judge
has directed that a future witness should be out of court while other evidence is given, or
the hearing is in chambers.
Court staff need to be alert, but it is not for them to prohibit the practice. Courts should not
place notices in the court building forbidding note taking. If any member of the court staff
sees a member of the public taking notes and there is some reason to suspect it might be
for an improper purpose, he or she should report the matter to the clerk of the court (or to
the judge, if the clerk is temporarily absent) and ask for directions. The clerk should, if
possible, make enquiries of the member of the public concerned or direct an usher to do
so. If the result of the enquiry does not allay suspicion, the matter must then be reported to
the judge.
It is the responsibility of the clerk to ensure that enquiries are made politely, and without
implying that the member of the public is necessarily doing anything wrong.
1.6 A protocol on providing court registers and court lists
There is a longstanding policy encouraging magistrates’ courts to provide copies of the
court register and court lists to the media to ensure they are able to accurately report cases
heard.
The Government believes that assisting newspapers to report what is happening in their
local courts is important for increasing confidence in the criminal justice system. It also
supports compliance with obligations under the European Convention on Human Rights to
ensure that justice is open and trials are held in public.
The previous Government decided that the courts should not normally charge newspapers
for the supply of court registers or court lists, whatever the form in which they are supplied.
Following this a protocol on providing the media with magistrates’ court registers and court
lists was agreed with the media.
Although there is no direct equivalent to the magistrates’ court registers in the Crown
Court, similar principles are to apply insofar as they can. Given the relatively small number
of cases heard in the Crown Court and the fact that they have in the main come from the
magistrates’ court, it is recognised that newspapers are often already alerted to their
content and interest value. Crown Court staff are encouraged to co-operate with local
newspapers when they make enquiries.
The protocol is available on the HMCTS intranet:
here
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Courts should remain mindful of the sensitivity attached to registers and lists, which could
contain case details for cases with reporting restrictions attached. Courts must add a
disclaimer when emailing court registers and lists to newspapers and journalists saying:
‘This email contains information intended to assist the accurate reporting of court
proceedings. It is vital you ensure that you safeguard the personal information included
and abide by reporting restrictions (for example on victims and children). HMCTS will stop
sending the data if there is concern about how it will be used.’
Courts must also ensure that any email lists or contact details held for the media are
reviewed at least twice a year for accuracy.
2 Deaths affecting courts
2.1 Introduction
By the very nature of court business there will from time to time be occasions when there is
a death affecting the courts. In the vast majority of cases such deaths will have limited
direct implications for the court - however in all such circumstances it is vital that HMCTS
ensures it gets an early grip of the key issues.
There are two main categories of cases:
A death on court premises (e.g. a fatal medical emergency, an accident, or a
suicide);
A death outside court premises where the court had prior involvement in the
case (e.g. a murder where a court had an earlier chance to intervene).
In all such cases the response of the court will usually rest with the senior person on site
and the cluster management team, although it is accepted that there may be occasions on
which the police will take charge.
Where police are involved, the senior person on site must liaise with, and co-operate with
them closely.
2.2 Process and reporting
If there has been a death on court property the first step must be to deal sensitively with
the immediate tragedy:
The senior person on site should ensure the police are immediately informed. In addition
appropriate steps should be taken to inform the deceased's family (taking account of the
sensitivity of such messages). In the majority of such cases it may be appropriate for the
police or other agencies to inform the family etc. However the senior person on site should
ensure that steps are taken quickly.
In some circumstances (e.g. death of a member of staff) it may be more appropriate for a
HMCTS manager to contact the family. It is suggested that where any information is given
by HMCTS to the family that a staff member has died suddenly, it should be given in
person wherever possible and that two people should attend to do this.
Where a murder or suicide has taken place following or during the period of a hearing there
must be:
an incident report;
a review of what happened;
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a submission by the senior person on site as soon as possible to the Chief
Executives' office (copying in the appropriate Directors - Regional and Central);
setting out details; investigation; findings and action; and
a risk assessment (formal and written) of how similar risks will be mitigated
against in the future (hopefully there will be no additional measures that could be
taken, but it should be formally noted, not only for our duty of care but also to
reassure the staff).
If there is any suggestion or concern that there are potential criticisms of the court, the
senior person on site or cluster manager must immediately (but sensitively) ensure that the
key facts are captured. This is likely to include:
identifying a suitable independent individual to investigate the courts
role/involvement (It would be sensible if all cluster managers kept a list of
suitable independent individuals who could be contacted in these
circumstances);
ensuring that all papers/court files are preserved;
collecting "statements" - from any staff members (e.g. the legal adviser/court
clerk).
2.3 Prison and Probation Ombudsman (PPO)
The Prison and Probation Ombudsman is appointed by the Secretary of State for Justice
and is completely independent of the Prison Service, the National Probation Service and
the Border and Immigration Agency.
The PPO investigates the circumstances surrounding all deaths of those in the custody of
prisons, young offender institutions, secure training centres, immigration removal centres
and approved premises.
The PPO also investigates the circumstances surrounding all deaths of people in court
premises or accommodation who have been sentenced to or remanded in custody.
When such a death occurs on court premises the PPO must be informed as soon as
possible or in any case within 24 hours. Please inform the PPO by contacting the ‘on duty
investigator’ on the following pager number
07654 382649.
In cases where there is any suggestion or concern that there are potential criticisms of the
court, the court should also inform:
Shaun McNally (Director of Crime)
Martin Jones (Deputy Director Crime (Crown))
Chris Jennings (Deputy Director Crime (Magistrates))
HMCTS Security and Safety, or equivalent unit
HMCTS Press Office
It may be that ministers will wish to be advised of the circumstances surrounding such a
case. Once notified HMCTS Crime Directorate will notify the appropriate minister and
advise the court manager and Cluster Manager on what further steps the minister requires
to be taken. This may involve a submission to ministers setting out the full facts of the
case.
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While this note specifically addresses circumstances involving deaths affecting the courts,
HMCTS may direct that these procedures be followed in the event of other serious
incidents that may require investigation.
3 Communication with prisoners
Many prisoners become involved in civil litigation and even more face divorce proceedings
and other family proceedings i.e. care or adoption.
Under prison guidelines, any correspondence between prisoners who are party to legal
proceedings and their legal advisers or the Courts is treated as privileged. This means that
such letters must not be opened, read or stopped by prison authorities, except in special
circumstances.
Envelopes should therefore be clearly marked by Court staff with ‘Prison Rule 39’ or in the
case of YOIs and Juveniles ‘YOI Rule 17’.
Court staff are therefore asked to ensure that all correspondence is endorsed in this way.
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