- Wednesday 22 May 2013
- My Account
- Logout
- Register
- Login
- News
-
Voices
-
Find by writer
- Yasmin Alibhai-Brown
- Rebecca Armstrong
- Memphis Barker
- Terence Blacker
- Chris Blackhurst
- David Blanchflower
- Archie Bland
- Ian Burrell
- Andrew Buncombe
- Ben Chu
- Patrick Cockburn
- Laura Davis
- Mary Dejevsky
- Grace Dent
- Robert Fisk
- Andrew Grice
- Stefano Hatfield
- Philip Hensher
- Ian Herbert
- Howard Jacobson
- Ellen E Jones
- Alice Jones
- Owen Jones
- Simon Kelner
- Dominic Lawson
- Donald Macintyre
- Lisa Markwell
- Comment
- Campaigns
- Debate
- Editorials
- Letters
- IV Drip
- Archive
- Our Voices
- Commentators
- Columnists
- Democracy 2015
- IV Drip Archive
-
Find by writer
- Sport
- Tech
- Life
- Property
- Arts & Ents
- Travel
- Money
- IndyBest
- Blogs
- Student
Wednesday 7 September 2011
Leading article: Televising court cases is in the interests of enhanced justice
The presence of cameras would go a long way to improving public confidence in the system
It is easy to be dismissive of the idea that courts should be televised. A few references to bread and circuses, the public stocks, and an interactive red button to allow the viewers to vote on the sentence should do the trick. Or a sneer about how we already have televised justice in the form of programmes like The Jeremy Kyle Show. But such a response would be mistaken because there is in fact much to be said for the idea of opening our judicial system to the wider scrutiny of public view.
Allowing television cameras into court may be an extension of the "name-and-shame" impulse felt by backwoodsmen of the Conservative Party – and in pushing for the changes, television's pursuit of ratings must be acknowledged – but there remain persuasive arguments for the idea from the progressive and liberal tradition of modern politics. The arguments against televising the judiciary are pretty much the same as those deployed by opponents of televising the legislature. It took 20 years of debate to allow cameras into Parliament but few would now deny that it has proved a real advance in increasing public awareness of the political process.
The courts are the last bastion of English public life to remain sequestered from the gaze of the public when it comes to the technology which dominates modern life. Of course any member of the public can walk into the public gallery of a courtroom at present to witness the proceedings. But geography, space and time all unnecessarily limit the degree of public transparency, and thereby accountability, that can at present be upheld. The Justice Secretary, Ken Clarke, spoke yesterday of the need to demystify the judicial process but what is required is much more. Cameras in courts could go a long way to upholding or indeed improving public confidence in the justice system.
In part that is to do with understanding. If the public saw prosecutors making the case and defence lawyers critiquing it, and then heard the judge summing up they would have much greater faith in what goes on in court.
Televising proceedings would also place a greater obligation on judges to deliver fair and consistent decisions. Disparities in sentencing have been a controversial feature of the aftermath of the riots that flared across England last month, with prison governors, lawyers, community leaders and human rights campaigners all raising questions about the severity and even-handedness of some of the punishments handed out. The presence of cameras in court would surely limit the scope for magistrates to go too far their own way in handing down sentences, whether light or heavy.
Of course there are dangers. Lawyers might on occasion play to the court of public sympathy, much as some do now to the smaller audience of the jury. There might be a temptation for television to select certain judges – Cherie Booth, the wife of the former prime minister, springs to mind – for special scrutiny, and if we ended up with the judiciary on trial that would be very damaging. There might be occasions when cameras might make a witness extra nervous and less credible as a result. But it should not be beyond the wit of the legal authorities to guard against such problems, and in any case judges should retain the right to direct that the cameras be shut down for parts of a trial.
The introduction of cameras to courts is a far more radical suggestion than, say, the occasionally mooted discontinuation of the flummery of wigs and gowns on the grounds that they overawe ordinary people. It is understandable, therefore, that Mr Clarke wants to proceed cautiously, beginning with only the judgments in the Court of Appeal before extending coverage to Crown Courts later. But the arguments for far greater openness are clear. Justice must not just be done but must be seen to be done – and as widely as modern technology makes possible.
-
Ed Miliband is staring at an open goal and I know just the pair of strikers to win it for him
Matthew Norman -
Brazilian woman auctions her virginity on site 'Virgins Wanted' - take part in our prostitution survey
Laura Davis -
After woman sells virginity for $780,000, here are the results of our prostitution survey
Laura Davis -
The Daily Cartoon
-
It’s official: thanks to Stephen Hawking's Israel boycott, anti-Semitism is no more
Howard Jacobson
Get your summer started with British Military Fitness
BMF is the UK’s biggest and best loved outdoor fitness classes
Visit York
Find out what The Independent's resident travel expert has to say about one of the most beautiful small cities in the world
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Get the best in opinion from Independent Voices, straight to your inbox every Thursday lunchtime.
Subscribe
Day In a Page
How to say ‘I’m a sellout’
Why clubs are keen to take a stand