TV cameras to be allowed into Scottish courts

Certain court proceedings could be broadcast live on TV after the county’s most senior judge backed a series of changes.
 
Lord Gill, the Lord President, today accepted the recommendations of a review group suggesting filming of civil and criminal appeals for live transmission be allowed.
 
Delivery of sentencing statements, subject to filming being focused only on the judge, could also be shown in “subsequent news broadcasts” under the plans.
 
The review group, which was led by Lady Dorrian, also called for journalists to be able to live tweet from court subject to registering with the Scottish Court Service and in compliance with the Contempt of Court Act.
 
Live transmission of criminal trials will not be allowed, though certain cases may be filmed for documentary purposes subject to safeguards being in place. Cases involving children, sexual offences and vulnerable witnesses will be exempt entirely.
 
Lord Gill ordered the review in 2012 to consider the current policy on use of TV cameras in court. It followed a decision earlier that year to allow sentencing of David Gilroy – who was ordered to serve a minimum of 18 years for the murder of Suzanne Pilley – to be filmed for TV broadcast, a first in Scotland.
 
In 2013, Channel 4 screened the retrial of Nat Fraser – first convinced in 2003 for the murder of his wife Arlene – at the High Court in Edinburgh as part of a documentary on the case. 
 
“Lady Dorrian’s recommendations deal with matters of principle,” Lord Gill told Holyrood’s Digital Civil Justice conference in Glasgow this morning. “Our task now will be to translate these principles into practice. 
 
“I therefore intend to issue guidance to the media to indicate the approach that will be taken in relation to the televising of court proceedings. This may involve further consultation with the media on practical points.”

Other recommendations of Lady Dorrian’s review include:
 
Filming of legal debates in civil first instance proceedings, such as judicial review or hearings on the procedure roll, should be allowed for live transmission
 
No live transmission should be allowed for first instance civil proceedings involving witnesses
 
First instance civil business filming for documentary purposes may be allowed but should exclude certain cases touching on family and immigration matters

James Wolffe QC, Dean of the Faculty of Advocates, said: “While there must be safeguards to protect the interests of justice, public understanding of the work of the courts – which is fundamental to our democracy – will be enhanced by these proposals, and I welcome them.”

Fiona Robb, secretary to the Law Society of Scotland's Civil Justice Committee, added: “We agree that effective use of digital technology is essential in a modern court system so it is good to see new technology being embraced by the Lord President. Used responsibly, cameras in court and the use of features like live tweeting will help to demystify the law, allowing the public to gain insight into the process and improve access to justice.