ABSTRACT

This chapter examines the open justice principle which makes the United Kingdom (UK) courts quite unique in that all courts are open to the public and members of the media. The openness of judicial proceedings is a fundamental principle enshrined in Article 6(1) european convention on human rights (ECHR). The chapter focuses on contempt of court legislation, unique to British court reporting. Common law and statutory provision for 'contempt' ensure that any court – be it civil or criminal jurisdiction – is free to decide on the matters before it, without undue influence from the media during sub judice proceedings. It deals with the 'secret courts' and 'closed hearings' which tend to involve terrorist suspects, deportation or serious drugs cases. The open justice principle, as clearly recognized by Parliament and the courts in Scott vs Scott, grants the public and media statutory and common law rights to attend all court proceedings in UK courts and tribunals.