ABSTRACT
The subject of this paper has developed from an earlier paper on ‘Open Justice’ published as a chapter in Current Legal Problems.' That paper considered the law and practice on access by the press and public to judicial proceedings, and their freedom to report such proceedings. It was primarily concerned with England and Wales, although it drew upon relevant comparative law from the United States, Sweden, and New Zealand. Although the subject was judicial proceedings in general, much of the discussion was about criminal proceedings in particular, if only because much of the law in England and Wales and other countries is concerned with the effect of access to and reporting of criminal proceedings on the fairness of criminal trials. It concluded with the somewhat heretical suggestion that serious consideration should be given to the proposition that an accused in criminal trials should have the option of a trial in camera, or at least of a ban on publicity, either on all reporting or on identification of the accused, until conviction, or even completely.
