Chamber
Meeting of the Parliament 23 October 2012
23 Oct 2012 · S4 · Meeting of the Parliament
Item of business
Role of the Media in Criminal Trials
The digital era offers a severe challenge to the courts with regard to how they administer justice in the modern environment. There is no doubt in my mind that there is a need to modernise the culture and administration of our courts, which are couched—as many see them—in arcane convention and processes that are often difficult to understand.
Sandra White was correct to identify that we need to take great care before we move forward on any reforms on access to courts by the media. We should remember why the courts are there in the first place: to seek and deliver justice, and to pay appropriate attention to fairness. They are not an entertainment, nor are they a source of information in a broad sense. However, it is an agreed convention throughout Europe—not solely in Scotland—that in order to administer justice it should be seen to be done. Evidence is often tested and the credibility of witnesses and witness statements is subject to examination and cross-examination.
In those circumstances, one of the overriding effects of attendance at court is fear. That fear affects witnesses, who have been drawn into a situation that is often not of their making, but who seek to deliver their civic duties; victims, who have unfortunately been on the receiving end of some criminal activity; and the accused, who are there before the courts so that the courts can decide on their guilt or otherwise in respect of the charges. In my experience, jurors too are not particularly keen to volunteer to provide their duties.
Equally, officers of the court, along with the other actors in the trial process, expect that they will be seen and be subject to public scrutiny in the court and that, given that there is physical access to the court, people will be listening to the process. However, they do not expect to be the subject of a public broadcast in which their identities—and the identities of all those people—are transmitted to some unknown and unseen viewer.
Such changes create additional pressures with regard to the consideration of safety and the attraction that the courts hold in bringing people to offer evidence. I suggest that the development of closed-circuit television in recent years has been based to some extent on the fact that it is difficult to encourage witnesses to come forward and offer evidence. The provision of CCTV images has filled the vacuum that has developed in the past decades.
The use of TV in the court will have an impact on witnesses, who know that it may well transmit their identities to the areas that they have come from to give their evidence. Those witnesses who are unfortunate enough to come from areas that are notorious for criminality may well fear all passing adults for weeks and months after their appearance in court. Such pressure is too much for ordinary people to bear. The same attaches to those who serve the court as officials and those who are there as jurors, as well as to the accused.
Equally, TV’s appetite for rerunning court proceedings might influence jurors who are engaged in the process of a trial, or jurors coming to live cases in the future. In 2010, a trial involving a former member of the Scottish Parliament created such a press feeding frenzy that the subject was rarely off our televisions. From that experience, I did not detect any improvement in the way in which justice was delivered in the Scottish context.
How justice is delivered in such circumstances is now to be the subject of a review by Lord Gill, and I welcome that. It is right that those who have the greatest experience of the processes should have the opportunity to assess the likely impacts. The transmission of judges’ decisions goes a long way towards allowing the general public to understand what is done in their name in our Scottish courts, and I think that most judges would be happy to accept the responsibility of being the subject of such transmissions.
Sandra White was correct to identify that we need to take great care before we move forward on any reforms on access to courts by the media. We should remember why the courts are there in the first place: to seek and deliver justice, and to pay appropriate attention to fairness. They are not an entertainment, nor are they a source of information in a broad sense. However, it is an agreed convention throughout Europe—not solely in Scotland—that in order to administer justice it should be seen to be done. Evidence is often tested and the credibility of witnesses and witness statements is subject to examination and cross-examination.
In those circumstances, one of the overriding effects of attendance at court is fear. That fear affects witnesses, who have been drawn into a situation that is often not of their making, but who seek to deliver their civic duties; victims, who have unfortunately been on the receiving end of some criminal activity; and the accused, who are there before the courts so that the courts can decide on their guilt or otherwise in respect of the charges. In my experience, jurors too are not particularly keen to volunteer to provide their duties.
Equally, officers of the court, along with the other actors in the trial process, expect that they will be seen and be subject to public scrutiny in the court and that, given that there is physical access to the court, people will be listening to the process. However, they do not expect to be the subject of a public broadcast in which their identities—and the identities of all those people—are transmitted to some unknown and unseen viewer.
Such changes create additional pressures with regard to the consideration of safety and the attraction that the courts hold in bringing people to offer evidence. I suggest that the development of closed-circuit television in recent years has been based to some extent on the fact that it is difficult to encourage witnesses to come forward and offer evidence. The provision of CCTV images has filled the vacuum that has developed in the past decades.
The use of TV in the court will have an impact on witnesses, who know that it may well transmit their identities to the areas that they have come from to give their evidence. Those witnesses who are unfortunate enough to come from areas that are notorious for criminality may well fear all passing adults for weeks and months after their appearance in court. Such pressure is too much for ordinary people to bear. The same attaches to those who serve the court as officials and those who are there as jurors, as well as to the accused.
Equally, TV’s appetite for rerunning court proceedings might influence jurors who are engaged in the process of a trial, or jurors coming to live cases in the future. In 2010, a trial involving a former member of the Scottish Parliament created such a press feeding frenzy that the subject was rarely off our televisions. From that experience, I did not detect any improvement in the way in which justice was delivered in the Scottish context.
How justice is delivered in such circumstances is now to be the subject of a review by Lord Gill, and I welcome that. It is right that those who have the greatest experience of the processes should have the opportunity to assess the likely impacts. The transmission of judges’ decisions goes a long way towards allowing the general public to understand what is done in their name in our Scottish courts, and I think that most judges would be happy to accept the responsibility of being the subject of such transmissions.
In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is a debate on motion S4M-04505, in the name of Christine Grahame, on the role of the media in criminal trials. I call Christine Gr...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
I certainly hope that I do not use 13 minutes, Presiding Officer.I am pleased to open this debate on the role of the media in criminal trials on behalf of th...
The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)
SNP
The Justice Committee has chosen an important and topical issue for debate. I look forward to hearing the views of all members, and I have no doubt that thos...
Lewis Macdonald (North East Scotland) (Lab)
Lab
Members will know that it is not only in this place that the relationship of the media with the criminal justice system is under scrutiny. Lord Justice Leves...
Margo MacDonald (Lothian) (Ind)
Ind
Does the member think that there might be a balancing act performed by television in court, given the uncensored information that can come out of court throu...
Lewis Macdonald
Lab
I will come on to the new media, but I completely accept Margo MacDonald’s point that the two issues are related and that any inquiry that the Justice Commit...
The Deputy Presiding Officer
Lab
Mr Macdonald, please start to conclude.
Lewis Macdonald
Lab
I conclude by referring to the new media issue that was raised by Margo MacDonald. As has been said, those who tweet, text or blog can reveal unreported info...
Willie Rennie (Mid Scotland and Fife) (LD)
LD
On a point of order, Presiding Officer. There is an important matter that needs to be addressed. I apologise for interrupting the debate. Earlier today, the ...
The Deputy Presiding Officer
Lab
Mr Rennie, as you will know, the Presiding Officers are not responsible for the veracity of the statements of members of Parliament. However, you have raised...
John Lamont (Ettrick, Roxburgh and Berwickshire) (Con)
Con
We welcome today’s opportunity to consider the role of the media in the criminal justice system. Scotland’s criminal justice system does not exist in a vacuu...
Margo MacDonald
Ind
Does the member agree that there is a potential hazard in the case of someone accused of behaving inappropriately towards children who is filmed in court, bu...
John Lamont
Con
I acknowledge that concerns exist, but many such arguments are not against the use of cameras in court proceedings per se, although they might be arguments a...
The Deputy Presiding Officer
Lab
As a result of interruption, the debate is very tight for time. Although members have six minutes for speeches, shorter speeches would be appreciated and mig...
Sandra White (Glasgow Kelvin) (SNP)
SNP
I will try to be as speedy as I can be, to allow everyone to speak.At the Justice Committee meeting, one witness—Iain McKie—made the good point that“we canno...
Graeme Pearson (South Scotland) (Lab)
Lab
The digital era offers a severe challenge to the courts with regard to how they administer justice in the modern environment. There is no doubt in my mind th...
Margo MacDonald
Ind
I apologise for my question looping back a bit, but I wanted to get in before the member progresses his argument much further. Is there the possibility of ha...
Graeme Pearson
Lab
I am sure that such an intervention, once televised, would create a great deal of conflict and difficulty for courts in deciding such a challenge.I encourage...
Roderick Campbell (North East Fife) (SNP)
SNP
I refer to my register of interests as a member of the Faculty of Advocates.The televising of court proceedings has not been reviewed since the then Lord Pre...
Neil Findlay (Lothian) (Lab)
Lab
On the issue that the member just raised about policing the internet, was that not debated during the passage of the Offensive Behaviour at Football and Thre...
Roderick Campbell
SNP
There was certainly a reference to it, but I do not think that it was a substantial part of the debate on the bill. However, that debate is now history and w...
Joan McAlpine (South Scotland) (SNP)
SNP
I draw attention to the register of members’ interests and the information that I am a columnist with the Daily Record.I welcome the opportunity to participa...
Margo MacDonald
Ind
That is an intriguing point. Obviously, the member was not in favour of witnesses blogging afterwards and giving a highly partisan account, but does not ever...
Joan McAlpine
SNP
Yes, absolutely—after the trial. I guess that I was talking about people blogging from the court and giving partial reports of what was happening in court th...
The Deputy Presiding Officer (John Scott)
Con
I would be grateful if you would close, please.
Joan McAlpine
SNP
Thank you.The Scottish Court Service already has stenographers who compile verbatim transcripts of trials, but it is difficult for members of the public to g...
Mary Fee (West Scotland) (Lab)
Lab
When the Contempt of Court Act 1981 came into force, people received news through the print and broadcast media. At that time, the print and broadcast media ...
Colin Keir (Edinburgh Western) (SNP)
SNP
This is an incredibly interesting subject and there have been some excellent speeches from members.Over the years, we have trusted the integrity of journalis...
Bob Doris (Glasgow) (SNP)
SNP
I will say a little about the role of the accused in the process. I do not think that members have said much about that in discussing television exposure.The...
Alison McInnes (North East Scotland) (LD)
LD
It is clear from this afternoon’s debate that the issue of how the media interact with criminal trials is extremely complex. Any liberal society must walk a ...