Explanatory note

This Order prescribes the conditions to be satisfied for the recording and broadcasting of sentencing remarks made by the Chief Magistrate in the magistrates’ court. When the conditions are satisfied, section 41 of the Criminal Justice Act 1925 (c. 86) (which makes it an offence to film in court) and section 9 of the Contempt of Court Act 1981 (c. 49) (which provides that it is a contempt of court to record sound in court except with the permission of the court) do not apply.

Articles 1 to 4 set out when the Order comes into force, define terms used in the Order, provide that the Order applies to sentencing remarks in the magistrates’ court made by the Chief Magistrate in open court, and provide that section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981 do not apply where the conditions in the Order are met.

Articles 5 to 7 set out what can be recorded and who may record it.

Articles 8 to 10 set out when the recording of sentencing remarks can be broadcast and what content is permitted in a broadcast.

A 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.