Courts Act 2003 (c. 39)

[F1 PART 7ZA E+W Transmission and recording of court and tribunal proceedings

Textual Amendments

F1 Pt. 7ZA inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(1), 208(4)(aa)

Remote observation and recording E+W

85A Remote observation and recording of proceedings by direction of a court or tribunal E+W

(1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).

(2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.

(3) A direction under subsection (2) may authorise only the following types of transmission—

(a) transmission to designated live-streaming premises, or

(b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).

(4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).

(5) A direction under subsection (2) may include further provision about—

(a) the manner of transmission, or

(b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).

(6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.

(7) A direction under subsection (2) or (6)—

(a) may relate to the whole, or to part, of the proceedings concerned, and

(b) may be varied or revoked.

(8) The Lord Chancellor may by regulations—

(a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made;

(b) specify matters of which the court must be satisfied before deciding to make such a direction;

(c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;

(d) require directions under subsection (2) to include certain provision under subsection (5).

(9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—

(a) the Lord Chief Justice of England and Wales,

(b) the Senior President of Tribunals, or

(c) both of them.

(10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9).

(11) Regulations under subsection (8) may make different provision for different purposes.

(12) This section does not apply to proceedings in the Supreme Court.

(13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

(a) an Act of the Scottish Parliament,

(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.]

[F2 Offence of recording or transmission E+W

Textual Amendments

F2 S. 85B and cross-heading inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 199, 208(4)(aa)

85B Offence of recording or transmission in relation to remote proceedings E+W

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound within subsection (2) or (3).

(2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made.

(3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.

(4) A person is remotely attending court proceedings at any time when the person—

(a) is not in the same place as any member of the court, and

(b) is taking part in, watching or listening to the proceedings by way of a transmission.

(5) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or

(b) authorised (generally or specifically) by the Lord Chancellor.

(6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person—

(a) was not in designated live-streaming premises, and

(b) did not know that the image or sound concerned was of a sort within subsection (2) or (3).

(7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).

(8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Conduct that amounts to an offence under subsection (1) is also a contempt of court.

But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.

(10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(11) This section does not apply to proceedings in the Supreme Court.

(12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

(a) an Act of the Scottish Parliament,

(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.

(13) In this section—

• “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);

• “court proceedings” means proceedings in any court;

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).]