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The Crown Court (Recording) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111145661

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 58(4) of the Crime and Courts Act 2013, for approval by resolution of each House of Parliament.

Senior Courts Of England And Wales

Made ***

Coming into force in accordance with article 1

The Lord Chancellor, with the concurrence of the Lord Chief Justice, makes the following Order under section 32(1) of the Crime and Courts Act 2013f1.

In accordance with section 58(4) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2013 c. 22.

Contents

  1. 1Citation and commencement
  2. 2Definitions
  3. 3Crown Court
  4. 4Recording sentencing remarks
  5. 5Conditions
  6. 6Conditions
  7. 7Conditions
  8. Signature
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Crown Court (Recording) Order 2016 and comes into force on the day after the day on which it is made.

2Definitions

In this Order, “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 “recorded” shall be construed accordingly.

3Crown Court

This Order applies to the recording of sentencing remarks in the Crown Court made by the judge in open court.

4Recording sentencing remarks

Section 41 of the Criminal Justice Act 1925f1 and section 9 of the Contempt of Court Act 1981f2 do not apply where sentencing remarks are recorded in accordance with the conditions in articles 5 to 7.

5Conditions

Recording is only for the purposes of a not-for-broadcast test.

6Conditions

(1)

Recording is only with the permission of the qualifying judge who will make the sentencing remarks.

(2)

In this article “qualifying judge” means a judge who—

(a)

is a High Court judge or the Recorder of London or the Common Sergeant of London and is sitting at the Central Criminal Court; or

(b)

is a High Court judge or a Senior Circuit judge and is sitting at one of the following places—

(i)

Southwark;

(ii)

Manchester (Crown Square);

(iii)

Birmingham;

(iv)

Bristol;

(v)

Liverpool;

(vi)

Leeds;

(vii)

Cardiff.

7Conditions

Recording is by a person who—

(a)

is permitted in writing by the Lord Chancellor to make recordings in the Crown Court; and

(b)

assigns any copyright in the recording of the sentencing remarks to the Lord Chancellor, for and on behalf of the Crown.

Signature

Signed by the Lord Chancellor

Lord Chancellor

I concur

Lord Chief Justice

Explanatory note

(This note is not part of the Order)

This Order makes provision for the recording of sentencing remarks in Crown Court cases. Where the conditions specified in articles 5 to 7 are satisfied, section 41 of the Criminal Justice Act 1925 (c. 86) and section 9 of the Contempt of Court Act 1981 (c. 49) do not have effect. Section 41 makes it an offence to film in court. Section 9 provides that it is a contempt of court to record sound in court except with the permission of the court.

The Order limits the permissible recording of Crown Court cases to testing the recording on a not for broadcast basis of certain specified judges’ sentencing remarks at specified locations of the Crown Court.

A full impact assessment of the effect this Order will have on the costs of business, the voluntary sector and the public sector is available at http://legislation.gov.uk.