128Presumption in favour of permitting recording and broadcast of judgment remarks

128 Presumption in favour of permitting recording and broadcast of judgment remarks

128 Presumption in favour of permitting recording and broadcast of judgment remarks

(1) A person may apply to the Court in proceedings to which this Part applies for the Court to permit the recording and broadcast of judgment remarks of the Court that are made in those proceedings.

Note.

Sections 9 and 9A of the Court Security Act 2005 prohibit the use of recording devices in courts, and the transmission of court proceedings from a courtroom, except in limited circumstances. One of those circumstances is when it has been expressly permitted by a judicial officer.

(2) If such an application is made, the Court is to permit the recording of the judgment remarks of the Court, and their broadcast by one or more news media organisations (whether or not the organisations are also the applicants), unless the Court is satisfied that—

(a) an exclusionary ground referred to in subsection (3) is present, and

(b) except in the case of the exclusionary ground referred to in subsection (3) (d)—it is not reasonably practicable to implement measures when recording or broadcasting the judgment remarks (including by making an order under subsection (5)) to prevent the broadcast of any thing that gives rise to the exclusionary ground.

(3) Each of the following is an exclusionary ground for the purposes of this section with respect to judgment remarks of the Court in proceedings—

(a) that the broadcast of the judgment remarks would be likely to reveal the identity of a person in circumstances where the disclosure, publication or broadcast of the person’s identity is prohibited by a suppression or non-publication order of the Court or by law,

(b) that the judgment remarks will contain material—

(i) that is subject to a suppression or non-publication order by the Court or the disclosure, publication or broadcast of which is otherwise prohibited by law, or

(ii) that is likely to be prejudicial to other criminal proceedings (including proceedings for the same or a related criminal offence) or a current criminal investigation, or

(iii) that is likely to reveal the existence of a covert operation carried out by law enforcement officials,