The Crown Court (Recording and Broadcasting) Order 2020
| Jurisdiction | UK Non-devolved |
2020 No. 637
Senior Courts Of England And Wales
The Crown Court (Recording and Broadcasting) Order 2020
Made 19th June 2020
Coming into force in accordance with article 1
The Lord Chancellor makes the following Order, with the concurrence of the Lord Chief Justice, in exercise of the powers conferred by section 32(1) of the Crime and Courts Act 20131.
In accordance with section 58(4) of that Act, a draft of this Order has been 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 and Broadcasting) Order 2020 and comes into force on the day after the day on which it is made.
Interpretation
2. In this Order—
“broadcast” means the transmission to members of the public of a recording of sentencing remarks to which this Order applies;
“court” means the Crown Court;
“judge” means a judge who is—
(a) a High Court Judge;
(b) a Senior Circuit Judge who is also the Resident Judge of a Crown Court centre; or
(c) a Senior Circuit Judge whose base court is the Central Criminal Court;
“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 “record” and “recorded” are to be construed accordingly.
Crown Court sentencing
3. This Order applies to the recording and broadcasting of sentencing remarks in the Crown Court made by the judge in open court.
Recording and broadcasting sentencing remarks
4. Section 41 of the Criminal Justice Act 19252and section 9 of the Contempt of Court Act 19813do not apply where (and only where) sentencing remarks are—
(a) recorded in accordance with the conditions in articles 5 to 7; or
(b) broadcast in accordance with the conditions in articles 8 to 10.
Recording – proceedings
5. Recording is only of the judge when making sentencing remarks in open court.
Recording – person recording
6. Recording is by a person who—
(a) is permitted in writing by the Lord Chancellor to record sentencing remarks in court; and
(b) assigns any copyright in the recording of sentencing remarks to the Lord Chancellor, for and on behalf of the Crown.
Recording – only with permission of the judge
7. Recording takes place only with the permission in writing of the judge and in accordance with any conditions imposed by the judge.
Broadcast –...
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