Rule 6.9 Sound recording and electronic communicationI1
England and Wales
This rule applies where the court can give permission to—
bring into a hearing for use, or use during a hearing, a device for—
recording sound, or
communicating by electronic means; or
publish a sound recording made during a hearing.
The court may give such permission—
on application; or
on its own initiative.
A person who wants the court to give such permission must—
apply as soon as reasonably practicable;
notify—
each party, and
such other person (if any) as the court directs; and
explain why the court should permit the use or publication proposed.
As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—
contravening a reporting restriction;
disrupting the hearing; or
compromising the fairness of the hearing, for example by affecting—
the evidence to be given by a witness, or
the verdict of a jury.
Such a direction may require that the device is used only—
in a specified part of the courtroom;
for a specified purpose;
for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations; or
at a specified time, or in a specified way.