The future of open justice

Following the livestreaming of significant civil cases, representatives in law and media met to discuss new opportunities and future developments. A report issued last week outlines the way forward and key action points.

The Scottish justice system has a longstanding commitment to open justice, ensuring that justice is not only done but seen to be done.

The public and the media are embracing technology in an ever-increasing way, which influences how open justice can be carried out. The Scottish Courts and Tribunals Service (SCTS) has recently introduced livestreaming of significant civil appeals, which has been well received.

In order to explore additional opportunities and gather views on the further developments in open justice in Scotland, representatives of the judiciary, media, academics, communications specialists, members of the legal profession and senior SCTS staff were invited to a judicially led event on 22nd April 2024 in Parliament House, Edinburgh.

A report has now been published to capture the key areas of discussion at the event, as well as outlining initial actions and a way forward in response to the points raised.

Key themes from the event:

• Extending access to hearings through livestreaming
• Media attendance at hearings
• A common understanding of information available to journalists
• Media access to court documents, productions and decisions
• Responding to the speed of the news cycle
• Access to information may not be enough
• Filming
• Balancing the public interest with personal protections
• Additional benefits of open justice
• Open access and accessibility
• Collaboration with other jurisdictions

There were also action areas, which were split into four groups:

1. Immediate actions
2. Training
3. Engagement and prioritisation
4. For consideration

The full report can be viewed on the Judiciary of Scotland website.