Enshrined in convention, the privacy of the court is as sacred today as it ever has been, but perhaps not for much longer. Plans to introduce television cameras in court are currently being reviewed by the British Government, potentially signalling the end of a practice that has long sought to protect the integrity of the judiciary and the anonymity of the jury.
As the government ponders its position on the issue, it ought to be noted that the Supreme Court already permits the use of cameras; in fact, according to former Justice Minister, Lord Bach, the Supreme Court was established in part to provide "much, much more access" to the public than the House of Lords.
Upon the request of the media, proceedings undertaken by the Supreme Court, including all decision-making, are broadcast on television. Cameras are permanently installed in the Supreme Court to provide a clearer separation of the judiciary and the executive.
The government is seemingly not content with there being only one court in the land to televise legal proceedings. In September, a spokesperson for Number 10 announced, "we are considering proposals put forward by broadcasters to allow limited recording and transmission from courts in specific circumstances. However, before any firm proposals are developed, the Lord Chancellor will wish to consult on the principle of broadcasting from court with the senior judiciary."
Although introducing cameras to courts throughout England and Wales (limited broadcasts are already permitted in Scotland) could threaten the security of the jury, the move would also probably improve transparency, which is the hallmark of any fair and just legal system. Curiously, however, the decision to review the banning of cameras in UK courts was instigated by the boss of Sky News, John Ryley, who wrote a letter to Ken Clarke, the Justice Secretary, in January to suggest that proceedings be televised.
After Prime Minister David Cameron was reported to have backed the move, Mr Ryley stated that Sky News "looked forward to working with the judiciary to bring about more transparency in our justice system."
Possibly buoyed by public concerns over the handling of recent high-profile cases, not least those involving rioters and celebrity super-injunctions, the government is obviously keen to improve transparency at the cost of privacy (not that such a tort truly exists in the common law). If cameras are installed in courts, the government does risk some controversy.
While caution should be exercised in curtailing transparency to any extent, it is essential that judicial proceedings are not compromised or hindered by the presence of televised broadcasts. It is for this reason that the introduction of cameras is only being suggested in a limited capacity; only sentencing would be broadcast, not the verdict of the jury or any other aspect of the trial, at least initially. If cameras are introduced in court, it is perhaps only a matter of time before complete transparency is achieved. How much of an achievement that would prove remains to be seen.