Court Photography Restrictions

Section 41 CJA 1925 — the prohibition in detail

Section 41 of the Criminal Justice Act 1925 was enacted a century ago but remains the governing provision for court photography in England and Wales. It was originally aimed at the scandal of commercial photographers bribing court officials to obtain photographs of defendants during high-profile trials.

The prohibition covers:

• ›Taking or attempting to take any photograph in a court room or any room adjacent to a court room used in connection with court proceedings.
• ›Taking or attempting to take any photograph in the court building — including corridors, waiting rooms, cells, and entrance halls.
• ›Taking or attempting to take any photograph in the precincts of the court.
• ›Publishing a photograph taken in breach of the above.
• ›Using any recording equipment (audio or video) without the court's permission.

Breach is a criminal offence triable summarily. A conviction can result in a fine. The judiciary's media guidance on this is at judiciary.gov.uk/guidance-and-resources/media-guidance/.

What is permitted

The UK Supreme Court: the major exception

The UK Supreme Court, which opened in 2009 at Middlesex Guildhall, was designed from the outset to be broadcast. Cameras are installed in the courtroom and the proceedings are live-streamed on the Supreme Court website (supremecourt.uk) and via Sky News. Hearing recordings are archived and publicly available.

The Judicial Committee of the Privy Council, which shares the building, is also broadcast. These are the only UK court proceedings routinely filmed as a matter of standing arrangement.

The Crime and Courts Act 2013 gave the Lord Chancellor power to permit filming of court proceedings in England and Wales — but as of the date of this guide, this power has been used only in very limited pilot contexts (Crown Court sentencing remarks). The general prohibition under s.41 CJA 1925 otherwise remains in force.

Artist impressions

Courtroom sketch artists are a traditional response to the photography ban. The conventional practice is:

• 1The artist attends the hearing and observes the scene — the judge, counsel, defendant, layout.
• 2The artist does not draw in court (some courts have permitted this in practice, but it is not the established position).
• 3After leaving the court building, the artist draws from memory.
• 4The sketch is then published as a fair illustration of the proceedings.

Using a smartphone to photograph the scene and then produce a sketch from that photograph would likely constitute a breach of section 41, since the photograph itself was taken inside the court. Use of tablets or phones as sketching devices in court should be discussed with the court in advance.

Live text updates from court

The Lord Chief Justice's guidance (2011, updated 2012) confirmed that live text-based communication from court — including tweeting, emailing, and messaging — is permitted at the judge's discretion. This is distinct from recording: text reporting does not involve capturing audio or images.

In practice, judges generally permit live text updates in open hearings, particularly for high-profile cases where public access to information is important. Always ask at the start of a hearing rather than assuming permission. The judge can withdraw permission at any time.

Do not use a phone or device to record audio or capture images while using it to live-tweet — the recording prohibition applies simultaneously.

Common mistakes

• ⚠Using a smartphone camera to photograph the court list displayed on a screen inside the building — any photography inside the building is prohibited.
• ⚠Photographing defendants in custody areas or corridors inside the court building.
• ⚠Assuming that a courtroom sketch can be drawn using a photograph taken inside the building as a reference.
• ⚠Filming outside the court building without checking whether you are within the "precincts" — the boundary is not always obvious.
• ⚠Assuming that live-tweeting permission also permits audio or video recording.

Related guides

Frequently asked questions