The Crown Court (Recording) Order 2016
| Jurisdiction | UK Non-devolved |
2016 No. 612
Senior Courts Of England And Wales
The Crown Court (Recording) Order 2016
Made 26th May 2016
Coming into force in accordance with article 1
The Lord Chancellor, with the concurrence of the Lord Chief Justice, makes the following Order under section 32(1) of the Crime and Courts Act 20131.
In accordance with section 58(4) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Crown Court (Recording) Order 2016 and comes into force on the day after the day on which it is made.
Definitions
2. In this Order, “recording” means a visual or sound recording on any medium from which a single image, a moving image or any sound may be produced or reproduced, or the making of any such recording, and “recorded” shall be construed accordingly.
Crown Court
3. This Order applies to the recording of sentencing remarks in the Crown Court made by the judge in open court.
Recording sentencing remarks
4. Section 41 of the Criminal Justice Act 19252and section 9 of the Contempt of Court Act 19813do not apply where sentencing remarks are recorded in accordance with the conditions in articles 5 to 7.
Conditions
Recording is only for the purposes of a not-for-broadcast test.
5. Recording is only for the purposes of a not-for-broadcast test.
6.—(1) Recording is only with the permission of the qualifying judge who will make the sentencing remarks.
(2) In this article “qualifying judge” means a judge who—
(a)
(a) is a High Court judge or the Recorder of London or the Common Sergeant of London and is sitting at the Central Criminal Court; or
(b)
(b) is a High Court judge or a Senior Circuit judge and is sitting at one of the following places—
(i) Southwark;
(ii) Manchester (Crown Square);
(iii) Birmingham;
(iv) Bristol;
(v) Liverpool;
(vi) Leeds;
(vii) Cardiff.
7. Recording is by a person who—
(a) is permitted in writing by the Lord Chancellor to make recordings in the Crown Court; and
(b) assigns any copyright in the recording of the sentencing...
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