Review of Courts (Remote Participation) Act 2010

The Act authorises decision-makers to give directions to remote participants, who must comply. Directions could include, for instance, prohibiting the recording of court proceedings. Failure to comply is a breach of a court order, which can be prosecuted under the Contempt of Court Act 2019.

We have identified a potential risk associated with increasing the use of remote participation and observation. Any increase in use will also increase the risk of unauthorised recordings of court proceedings.

Instances of covert recordings of court proceedings sometimes occur, and advances in phone and recording technology can make instances more difficult to detect. Once taken, recordings can be posted online or shared with others. This could have adverse impacts on fair trial rights, safety, willingness of witnesses to give evidence, and public trust in the justice system.

While the Contempt of Court Act 2019 applies to remote participants, and the current Act authorises directions, the Act does not itself set out express obligations for people participating remotely or include an offence for failing to comply with these obligations.

Introduce a statutory prohibition on recording court proceedings without permission of the presiding judicial officer. It would be a criminal offence to do so. The maximum penalty for the offence would likely be low.

This would apply to remote participants and remote observers. If this option progresses, we would explore an equivalent offence applying to the physical courtroom.

Introducing an offence could enable recordings to be taken down from online platforms more easily. It could also deter people from taking recordings in the first place. However, it is likely to be difficult to enforce penalties against international participants and observers.