The Ministry of Justice describes open justice as “a fundamental principle at the very heart of our justice system and vital to the rule of law – justice must not only be done but must be seen to be done.” In Scott v Scott, the court described the importance of open justice as such: “Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial.”
In PMC v A Local Authority, Mr Justice Nicklin expands on what this publicity looks like in the contemporary era: “The starting point is open justice; that the administration of justice takes place in public, and the public have the right to attend all hearings held in open court. Allied to this is the corresponding right to publish reports of those proceedings. Historically that role that [sic] was discharged by the press, but is now one embraced by many others who publish reports of proceedings in many different forms, e.g. articles published on blogs, academic commentary, and on social media” (§26).
While the majority of hearings are open to the public, attending court can be difficult to navigate. Different courts have different rules and guidelines, and some (such as the Family Court and the Court of Protection) impose reporting restrictions to constrain what can be reported. Certain new technologies can help the realisation of open justice but they can also be a hindrance.
Under this tab is a selection of reports, resources, and guidance that have been published since 2021. They are from government, the judiciary, and members of the public. While they cover a range of jurisdictions, and in some cases the justice system generally, they all address issues around transparency and open justice.
You can also access these resources by clicking on the relevant jurisdiction name.
Submissions to MoJ Consultation – Open Justice: the way forward
Listings, Judgments, Legislation
House of Commons, Justice Committee
Courts and Tribunals Observers’ Network 