Justice in lockdown:​​ Court reporting in a ​time of Covid​

Reardon, Sally; Smith, Tom; Gross, Bernhard; Keppel-Palmer, Marcus

Abstract

In response to the radical changes in the operation of criminal courts in England and Wales (E&W) wrought by the Covid-19 pandemic this paper examines the impact on court reporting and how the much-vaunted principle of open justice is operating in practice. In March 2020, the UK government announced lockdown measures designed to control the pandemic: this was followed by emergency legislation that (inter alia) severely limited the number of operating courts in E&W and the number of cases listed for criminal courts, as well as introducing severe restrictions on access to such proceedings for the public and journalists. This paper focuses on the latter group as it is well established that the news media plays a pivotal role ‘in facilitating open justice’ because ‘members of the public rely predominantly upon court reporting by the mainstream media to receive information about the operation of the courts’ (Bosland and Townend, 2019).  As Johnston summarises, ‘the mediated reality that comes from the news media or, increasingly, the courts’ own media… [is] how most people come to know courts’ (Johnston, 2018). This key role of news media in maintaining open justice has been reiterated in the context of Covid-19. As Owen Bowcett, Legal Affairs Correspondent for the Guardian reported: "The MoJ says that during the crisis everyone ought to be able to see online hearings. Judges fear that those granted access might record proceedings illegally or disrupt proceedings remotely. Allowing journalists, who are schooled in court reporting restrictions, to watch fulfils, it is said, the requirement for public scrutiny." If anything, during the Covid-19 crisis, the role of journalism has only increased in importance.  



Even before the arrival of Covid-19 there was a widely held notion that court reporting had collapsed, both in frequency and depth. Previous empirical work by the authors has shown that, despite the crucial function of news media in ensuring open justice in criminal proceedings, few cases are reported, especially in the ‘lower’ courts, primarily magistrates’ courts (Chamberlain et al 2019). 



In response to Covid-19, HMCTS moved quickly to introduce almost entirely ‘virtual’ court proceedings; these were already being developed and tested for several years prior (with significant issues) and have, throughout, been accompanied by discussions about how to maintain open justice in this context (Parliament. House of Commons 2019). The move to digital courts has been hugely accelerated under lockdown, but little is currently known about how these courts work in reality for journalists charged with upholding the principle of open justice. One might ask, for example, whether this has actually led to potentially increased access where journalists can ‘dial in’ from home and save time normally spent sitting in courts for hours (often without activity); or whether it has meant that many cases are inaccessible because such arrangements are not made or technology fails, leading to justice being conducted behind closed doors. 

 

It is envisaged that, despite lockdown conditions easing, it will not be ‘business as usual’ for the courts but they will increasingly operate online. Therefore, it is crucial to understand what this means for journalists and their role as watchdogs of open justice, not only during this unique situation but beyond. Based on semi-structured interviews with court reporters and editors who are working during the lockdown for national and local media, both print and broadcast, this paper builds an original picture of the limitations and affordances of digital courts for journalists in these unprecedented circumstances and considers the impact of reporting and work routines, and the implications for future ‘virtual’ courts and the principle of open justice.  

   

References:  

 

Bosland, J and Townend, J (2019) ‘Open justice, transparency and the media: representing the public interest in the physical and virtual courtroom’. Communications Law. 23(4).  

Bowcott, O. (2020) ‘Has coronavirus changed the UK justice system for ever?’ The Guardian 24/5/2020. https://www.theguardian.com/law/2020/may/24/has-the-uk-justice-system-been-changed-for-ever-by-the-coronavirus? 

Chamberlain, P., Keppel-Palmer, M., Reardon, S., & Smith, T. (2019) ‘It is criminal: The state of magistrates’ court reporting in England and Wales’. Journalism. https://doi.org/10.1177/1464884919868049 

Parliament. House of Commons. Justice Select Committee (2019) Court and Tribunal reforms. https://publications.parliament.uk/pa/cm201919/cmselect/cmjust/190/19002.htm 

 

Citation

Reardon, S., Smith, T., Gross, B., & Keppel-Palmer, M. (2021, September). Justice in lockdown:​​ Court reporting in a ​time of Covid​. Paper presented at The Future of Journalism, School of Journalism, Media and Cultural Studies, Cardiff University

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: The Future of Journalism
• Conference Location: School of Journalism, Media and Cultural Studies, Cardiff University
• Start Date: Sep 22, 2021
• End Date: Sep 24, 2021
• Deposit Date: Oct 18, 2021
• Public URL: https://uwe-repository.worktribe.com/output/7918863