The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public. Here are the key aspects of this principle:
- Public Access to Courts: Legal proceedings, especially criminal trials, should generally be open to the public. This allows citizens to observe how justice is administered, ensuring accountability and fostering trust in the judicial system.
- Transparency: Information about court proceedings, including judgments, should be available to the public to ensure transparency. This includes not only the outcomes but also the reasoning behind judicial decisions.
- Media Reporting: The media plays a crucial role by reporting on court cases, which helps inform the public about legal proceedings. Media access to courts is often seen as an extension of the public’s right to know.
- Fairness and Impartiality: By conducting trials openly, there’s an added layer of scrutiny which can help ensure that the process is fair and impartial. The knowledge that proceedings are public might also encourage all parties involved to act more responsibly.
- Exceptions: While the principle advocates for openness, there are recognised exceptions where privacy or security concerns might necessitate closed sessions. Examples include cases involving minors, national security, or sensitive personal information where privacy rights might override the principle of open justice.
- Educational Role: Open courts serve an educational function, allowing the public, including future generations of legal professionals, to learn about the law in practice, the rights of citizens, and how justice is served.
- Legislative and Policy Impact: The principle can influence legislation and policy-making, ensuring that laws are not only made in the public interest but are seen to be applied in the public interest as well.
The Open Justice Principle is fundamental in democratic societies as it underpins the rule of law and democratic governance by ensuring that justice is not only done but is seen to be done. However, the balance between openness and necessary privacy or security is continually debated and adjusted through legal frameworks around the world.
The principle of open justice are enshrined in Article 6 of the European Convention on Human Rights and Article 14 of the International Covenant of Civil and Political Rights. which protects the right to a fair trial. These inalienable protections should not be breached to render public scrutiny void.
Open justice serves several important purposes
Firstly, it ensures that Justice should not only be done, but should manifestly and undoubtedly be seen to be done. This is important because the public must have confidence in the justice system. If court proceedings were held behind closed doors, it would be difficult for the public to know whether justice was being served. The transparency of open justice allows the public to see that the court is conducting proceedings fairly, and that justice is being done.
Secondly, open justice promotes accountability. The media and the public can attend court proceedings, and they can report on what happens in court. This means that the legal system is subject to public scrutiny, and that any problems or injustices are likely to be exposed. This is important because it helps to prevent abuses of power, and ensures that the justice system is accountable to the public.
Open justice helps to promote the rule of law. When the legal system is transparent and accountable, people are more likely to obey the law. This is because they have confidence that the legal system is fair, and that justice will be served if they are accused of a crime. This also helps to ensure that society is orderly and peaceful.
Notable Cases
There have been several notable cases in which the principle of open justice has been violated.
A notable case where justice was not open was the trial of the Guildford Four, who were wrongly convicted of bombings in Guildford, Surrey, in 1974. The trial of the Guildford Four was held in camera, and the defendants were not allowed to have legal representation.
The trial was held in secret because the judge was concerned that the defendants might be targeted by terrorists if their identities were made public.
However, the decision to hold the trial in secret was widely criticised, and the Guildford Four were eventually cleared of all charges in 1989.
The importance of open justice was also highlighted in the Hillsborough disaster, where 96 football fans were killed in a crush at the Hillsborough stadium in Sheffield in 1989.
The initial inquest into the disaster was heavily criticised for its lack of transparency and accountability. The families of the victims were denied access to evidence and were not allowed to question witnesses.
The inquest was widely seen as a cover-up, and it was eventually quashed in 2016, paving the way for a new inquest that was held in a much more open and transparent manner.
Secret trials
In recent years, there have been concerns that the principle of open justice is being undermined. One issue is the increasing use of secret trials. These trials are held behind closed doors, and the evidence is not made public.
Secret trials are used in cases where national security is at stake, but critics argue that they are being used too frequently, and that they undermine the principle of open justice.
Reporting Restrictions
Another issue is the use of reporting restrictions, which prevent the media from reporting on certain aspects of a trial or other court proceedings. Critics argue that these restrictions can be used to protect the powerful, and that they limit the public’s right to know.
Sara Sharif judge who gave father custody will not be named
Mr Justice Williams, a Family High Court judge, has been widely criticised for his Reporting Restriction Order. The order prohibits the press from publishing “the name of any third parties referred to in the historic proceedings for the avoidance of doubt including social worker, guardian other named professionals and experts instructed in the proceedings and any judge who heard the historic proceedings”.
Banning the press from identifying judges is said to be unprecedented.
Tuesday 14 – Wednesday 15 January 2025
Before The Master of the Rolls Lady Justice King Lord Justice Warby
By Appellant’s Notice lodged on 16 December 2024, on behalf of Louise Tickle and Hannah Summers (journalists), this is an appeal from an order made by Williams J, sitting in the High Court Family Division on 9 December 2024 (perfected on 11 December 2024), regarding the historic family court cases involving Sara Sharif.
In particular, the appellants challenge the decision to restrain the naming of “any Judge who heard the historic proceedings” concerning Sara Sharif and her siblings.
Court of Appeal – Williams J Sharif Case
Did Mr Justice Williams attempt a cover up for “his mates” in the South East Circuit ?
Open Justice around the world
Open justice is not just a UK principle, but a principle that is upheld in many countries around the world. It is a fundamental aspect of a democratic society, and one that is essential to upholding the rule of law and protecting the rights of citizens.
Open Justice Conclusion
It is important to ensure that the principle of open justice is upheld, and that the legal system remains transparent and accountable. This requires a commitment from the government, the judiciary, and the legal profession to ensure that court proceedings are held in public, that the media and the public are allowed to attend trials, and that court documents are accessible. It also requires a commitment to addressing any violations of the principle of open justice, such as the use of secret trials and reporting restrictions.
Check out our related articles on Rule of Law, Innocent until Proven Guilty, R v Sussex Justices and the highly questionable Sussex Family Justice Board.
The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.
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Open Justice was last updated on the 15th January 2025
