Commentary on Sections Schedule 14: Deployment of the judiciary Section 32: Enabling the making, and use, of films and other recordings of judicial proceedings
462.The purpose of this section is to permit filming and broadcast of proceedings in courts and tribunals in certain circumstances. It is expected that such circumstances will be set out in secondary legislation and where appropriate in non-statutory operational guidance.
463.Subsection (1) provides that the Lord Chancellor may, by order made with the agreement of the Lord Chief Justice, provide that the enactments in subsection (2) do not apply. Any such order is subject to the affirmative resolution procedure (see section 58(4)).
464.Subsection (2) contains the enactments that may be disapplied. They are section 41 of the Criminal Justice Act 1925, which prohibits photography or drawing in court, and section 9 of the Contempt of Court Act 1981, which prohibits sound recordings in court without the permission of the court.
465.Subsection (3) provides that, where an order has been made, a court or tribunal may direct that the enactments in subsection (2) may continue to apply, or will only be disapplied if certain conditions are satisfied. The court may only give such a direction if this is in the interests of justice or to ensure that a person is not unduly prejudiced.
466.Subsection (4) provides that any direction under subsection (3), or a decision not to make a direction, is not subject to appeal
467.Subsection (5) defines ‘recording’ and ‘prescribed’.
468.Subsection (6) clarifies that the preceding provisions do not apply in relation to the broadcasting of proceedings from the UK Supreme Court.
469.Subsections (7) and (8) amend section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981 so as to provide that the restrictions they impose are to be read as being subject to this section.