The Transparency and Open Justice Board has published its ‘Key Objectives’, following a consultation last year. 

As we commented upon at the time (here), the Board was formed last year with the intention of modernising the courts’ approach to open justice, ensuring that “openness and transparency is at the heart” of what they do. In particular, it said that it would concentrate on what can be done to increase public and media access, including (a) the possibility of a “careful expansion” of broadcasting hearings, (b) increasing facilities for remote attendance of hearings by journalists, and (c) working with journalists so that they can play their part in holding judges to account and increasing transparency (for example by challenging reporting restrictions). 

Since then, the Board has established a stakeholder committee and launched a consultation on its proposed ‘Key Objectives’. As the Board explains, the Key Objectives are “high level principles which should inform the practice and procedure of all Courts and Tribunals”, although it makes clear that a ‘one-size-fits-all’ approach is inappropriate given that the level of openness and transparency will depend upon the nature of the work of the particular Court or Tribunal. What is critical is that the relevant Court of Tribunal enables the public to know “as much about the cases as is consistent with doing justice in each case”, emphasising that “the question is not what cannot be exposed to public scrutiny, but rather what can be without putting the administration of justice at risk”.  

At the time of the consultation, the Board said that its proposed Key Objectives would be centred around the four fundamental components of open justice: open courts; open reporting; open decisions; and open documents. The final version confirms this and sets out, among other things: (1) what information should be made available to the public about any case (including any reporting restrictions, and the process for challenging them); (2) what documents should be made available to the public (making clear that unless a Court or Tribunal is satisfied that a relevant document must (in whole or in part) be withheld, “timely and effective access” must be made available to “the core documents”); (3) how effective access to hearings held in public can be achieved; and (4) how the principles of open justice can be promoted in respect of proceedings that are closed to the public. 

According to the Board, the next phase of work, beginning in Autumn, will be for all Courts and Tribunals to “assess whether they are achieving (or can achieve) the Key Objectives and, if not, what derogations are strictly necessary from the nature of the cases with which it deals”. Those Courts and Tribunals that determine that their current practices and procedures do not achieve the Key Objectives will also be required to create a “change programme that would see the Key Objectives being realised” and be asked to identify any obstacles to achieving the necessary changes.  

To read the Key Objectives and the Board’s response to the consultation, click here.