The Complete Guide to Court Reporting in the UK

The Open Justice Principle

Open justice is a fundamental constitutional principle in the UK. As Lord Hewart famously stated, “justice should not only be done, but should manifestly and undoubtedly be seen to be done.” This means that, as a general rule, court proceedings are held in public and journalists have the right to attend, take notes, and report on what happens.

The open justice principle is enshrined in common law and reinforced by Article 6 of the European Convention on Human Rights (right to a fair trial) and Article 10 (freedom of expression). Courts can only depart from open justice where strictly necessary, and any restrictions must be proportionate.

In practice, this means you have a right to be in the courtroom. If a court usher or official tries to prevent you from entering a public hearing, politely but firmly assert your right to attend. If the issue persists, raise it with the court clerk or the judge.

Understanding the UK Court Structure

To report effectively, you need to understand which court you are in and what types of cases it handles:

Reporting Restrictions You Must Know

While open justice is the default, several statutory and discretionary restrictions limit what you can report:

• Automatic anonymity for under-18s: Section 49 of the Children and Young Persons Act 1933 prohibits identification of any child or young person involved in Youth Court proceedings. Section 45 of the Youth Justice and Criminal Evidence Act 1999 allows courts to impose similar restrictions in adult courts.
• Sexual offence complainants: The Sexual Offences (Amendment) Act 1992 gives lifelong anonymity to complainants in sexual offence cases. This is automatic and does not require a court order.
• Section 4(2) postponement orders: Courts can postpone reporting to avoid prejudice, often in cases involving multiple linked trials.
• Section 11 orders: Courts can prohibit publication of names or matters withheld from public proceedings.
• Family Court restrictions: While journalists can attend, publication of information relating to children is severely restricted under Section 97 of the Children Act 1989.

Qualified Privilege: Your Key Protection

Section 4(1) of the Contempt of Court Act 1981 and the common law of qualified privilege protect journalists who publish fair, accurate, and contemporaneous reports of public court proceedings. This means you cannot be sued for defamation for faithfully reporting what was said in open court, even if the statements themselves are defamatory.

For this protection to apply, your report must be:

• Fair: Balanced and not misleading — you should not cherry-pick only the prosecution's case or only the most sensational evidence
• Accurate: Names, charges, and outcomes must be reported correctly. Get spellings right and double-check details with the court clerk if unsure
• Contemporaneous: Published reasonably soon after the proceedings. The privilege can be lost if you sit on a story for weeks

Practical Courtroom Tips

1. Arrive early: Check the court list, identify the courtroom, and introduce yourself to the court clerk. Many courts display press seats — use them.
2. Dress appropriately: Smart clothing is expected. Judges can and do comment on inappropriate attire, and first impressions with court staff matter.
3. Bring the right kit: Notepad, multiple pens, a charged phone (on silent), and identification. Some courts require press credentials.
4. Take thorough notes: Record verbatim quotes where possible, especially judicial comments and key evidence. You cannot rely on memory for accuracy.
5. Never photograph or record: Photography, filming, and audio recording in court are criminal offences under Section 41 of the Criminal Justice Act 1925 and Section 9 of the Contempt of Court Act 1981.
6. Stand when the judge enters and leaves: This is basic court etiquette and signals you understand the environment.
7. Build relationships with court staff: Clerks and ushers are invaluable sources of information about schedules, orders, and procedures.

Live-Tweeting from Court

The Lord Chief Justice's guidance from 2011 permits journalists and legal commentators to use text-based communications devices (including smartphones) to transmit live updates from court, provided this does not disrupt proceedings. Key rules:

• Journalists can live-tweet without seeking specific permission, though the judge can prohibit it
• Your device must be on silent — no audible alerts or notifications
• Do not photograph or film anything, even if your device is already in hand
• Be mindful of contempt risks — live updates carry the same legal responsibilities as any publication
• In cases involving a jury, exercise particular caution — avoid tweeting information the jury has been directed to disregard

Challenging Reporting Restrictions

If a court imposes reporting restrictions that you believe are unjustified or too broad, you have the right to challenge them. The process is:

1. Make a note of the exact order and the statutory basis cited by the judge
2. Inform your editor and legal team immediately
3. Your publication can apply to have the order varied or discharged — this can sometimes be done the same day
4. Courts are required to give the media an opportunity to make representations before imposing restrictions

In practice, many unjustified restrictions are imposed because no journalist is present to challenge them. If you are in court and a restriction is proposed, consider whether it is appropriate and speak up if you believe open justice is being unnecessarily curtailed.

Writing Up Your Court Report

Good court reporting requires clarity, accuracy, and an understanding of what your readers need to know:

• Lead with the news: What happened today? A verdict, a dramatic piece of evidence, or a significant judicial ruling?
• Include essential details: Full name of the defendant, age, address (as given in court), the charges, and the plea
• Attribute everything: “The prosecution told the court that...” or “The judge said...” — never state allegations as established fact
• Balance prosecution and defence: A fair report includes both sides. If the defence case has not yet been heard, make this clear
• Explain the next steps: Is the case adjourned? When is sentencing? Will there be further hearings?

Practical Checklist

Run through these before, during, and after a court hearing:

• Check the court list and confirm the courtroom before arriving
• Ask the clerk whether any reporting restrictions are already in force
• Confirm the defendant's full name, age, and charges as read out in court
• Note whether any party is under 18 or otherwise covered by automatic anonymity
• Record verbatim quotes from the judge, prosecution, and defence
• Check your device is silent and you are not filming or photographing
• Publish contemporaneously to preserve qualified privilege
• Double-check spellings of names and addresses with the court clerk if unsure

Common Mistakes

• Reporting allegations as fact: Always attribute — “the prosecution alleges” not “the defendant did.”
• Naming a protected party by accident: Cross-check every name mentioned against automatic and discretionary anonymity provisions before publishing.
• Publishing before the restriction is lifted: Section 4(2) postponement orders remain in force until the judge says otherwise — do not assume a restriction has expired.
• Sitting on a story too long: Qualified privilege depends on your report being contemporaneous; delayed publication can lose that protection.
• Filming or photographing in the building: This is a criminal offence in England and Wales courts, not just a contempt risk.
• Assuming family court hearings are reportable in full: You may be able to attend, but publication of most detail remains restricted under the Children Act 1989.

Red Flags to Watch For

• A court usher or official trying to exclude you from a hearing that is not in a recognised exempt category
• A reporting restriction imposed without the media being given an opportunity to make representations
• Confusion between an automatic statutory restriction and a discretionary order that has not actually been made
• Pressure from a source or lawyer to publish detail that could identify a protected complainant or child
• Any request to delay publication indefinitely without a stated legal basis

Further Resources

• Defamation Law for UK Journalists — understand your libel defences
• Contempt of Court Rules — essential companion to this guide
• Resources Library — court reporting checklists and templates