Section 41 Prohibition on taking photographs, &c., in court.C1C2C3C4C5C6
England and Wales
No person shall—
take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or
publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;
and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding F1level 3 on the standard scale.
Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).
See section 32 of the Crime and Courts Act 2013 for power to provide for F4further exceptions.
For the purposes of this section—
the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;
the expression “Judge” includes . . . F6, registrar, magistrate, justice and coroner:
a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court–room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court–room or any such building or precincts as aforesaid.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48), ss. 37, 38, 46
- F2
S. 41(1ZA) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(2)(a), 208(4)(aa)
- F3
S. 41(1A) inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), ss. 32(7), 61(3); S.I. 2013/1725, art. 2(f)
- F4
Word in s. 41(1A) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(2)(b), 208(4)(aa)
- F5
S. 41(2)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 47(1), 148(1); S.I. 2009/1604, art. 2(b)
- F6
Word repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Modifications
- C1
S. 41 excluded (30.10.2013) by The Court of Appeal (Recording and Broadcasting) Order 2013 (S.I. 2013/2786), arts. 1, 4
- C2
S. 41 excluded (27.5.2016) by The Crown Court (Recording) Order 2016 (S.I. 2016/612), arts. 1, 4 (with art. 3)
- C3
S. 41 excluded (20.6.2020) by The Crown Court (Recording and Broadcasting) Order 2020 (S.I. 2020/637), arts. 1, 4 (with art. 3)
- C4
S. 41 excluded (temp.) (24.7.2020) by The Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020 (S.I. 2020/801), arts. 1, 4-8 (with art. 9)
- C5
S. 41 excluded (11.2.2022) by The Competition Appeal Tribunal (Recording and Broadcasting) Order 2022 (S.I. 2022/156), arts. 1, 4-9
- C6
S. 41 excluded (24.10.2023) by The Courts (Prescribed Recordings) Order 2023 (S.I. 2023/1124), arts. 1, 4 (with art. 3)
Notes on the whole Act
Textual amendments
- F1
Act repealed as it extends to the Isle of Man (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)