{
  "url": "https://openlegislation.uk/draft-courts-prescribed-recordings-order-2023/note",
  "json_url": "https://openlegislation.uk/draft-courts-prescribed-recordings-order-2023/note.json",
  "legislation": "ukdsi/2023/9780348250114",
  "legislation_title": "The Courts (Prescribed Recordings) Order 2023",
  "legislation_url": "https://openlegislation.uk/draft-courts-prescribed-recordings-order-2023",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order prescribes the conditions to be satisfied for section 41 of the Criminal Justice Act 1925 (which makes it an offence to film in court) and section 9 of the Contempt of Court Act 1981 (which provides that it is a contempt of court to record sound in court except with the permission of the court) not to apply to recordings undertaken by CCTV or bodyworn cameras, or to certain photographs taken to mark the making of an adoption order. Section 41 and section 9 are referred to below as “the statutory prohibitions”.\nArticles 1 to 4 set out when the Order comes into force, the definitions of terms used in the Order, that the Order applies to recordings made by CCTV or bodyworn cameras in court and tribunal buildings or their precincts; and that the statutory prohibitions do not apply where the relevant conditions in the Order have been satisfied.\nArticles 5 to 9 set out what can be recorded and who may record it such that the statutory prohibitions do not apply (articles 5 and 6 do this for recordings made by CCTV and articles 7 to 9 for recordings made by bodyworn cameras), and article 10 sets out requirements in relation to the use of recordings made by either method).\nArticle 11 sets out the conditions which must be satisfied for the statutory prohibitions not to apply to the taking of a photograph in court to mark the making of an adoption order.\nArticle 12 amends the Crown Court (Recording and Broadcasting) Order 2020 to add judges of the Court of Appeal (including judges sitting in retirement) to the definition of “judge” (for the purpose of enabling sentencing remarks delivered by such a judge to be recorded and broadcast in the same way as those delivered by judges already within that definition).\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2023/9780348250114/note",
    "retrieved_at": "2026-10-30T14:43:02.994393+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}