DISCLAIMER: At the moment, taking a tape recorder into a courtroom is illegal in the UK, without the expressed (and very rare) permission of the court. See here for the reason why.
I’ve been following an interesting set of tweets from Heather Brooke the last couple of days. In them, she’s been questioning the absurdity of being able to take shorthand notes in a courtroom, but not being able to record a full and accurate account of the proceedings using an audio recorder. Heather has also, apparently, been trying to tape-record a case taking place in London this week. The following quotes are directly from her twitter page:
Today in the information tribunal I made a request to tape record the ‘open’ hearing as part of my campaign to open up courts…
Why, I asked, does the court allow note-taking but not tape recording which would be more accurate? My notation of case more thorough w/tape
Judge admits the court wants to ‘control’ how court hearing is seen by the public. So usually only official transcript allowed,costing 1000s
I won the right to record but have to await a ruling before I can use it. Still, I’ll have an accurate and full account of the proceeding.
Heading out for day 2 of info tribunal hearing WITH tape recorder. Isn’t it ridiculous that in our tech age this is a big deal?
Well folks – first thing today judge ruled I could NOT record after all. To do so would be a contempt of court. ‘The court must have control
Recording ‘fraught w/difficulties’ but just two given: 1)risk of manipulation of record 2) disadvantaging other parties not recording.
1 is so ludicrous. How is note taking any more sacrosanct than a verbatim acct? In fact the fear is the accuracy of the records.
2) this conceeds that being without a verbatim acct of proceedings puts one at a disadvantage. so the court’s response isn’t to let us all record but to keep us all ignorant. Unless we are rich enough to buy a transcript at £1000 a day.
Final injustice. Me: ‘can I have a copy of the ruling?’ Judge: ‘no it is not written down.’
Whatever you think of that, it certainly throws up some interesting questions. With regards to the judge’s response, Heather’s reaction says most of what I’m thinking. On top of that, is it up to the court to make sure everyone reporting in court is on a level playing field? Even in these hard-pressed economic times, I’m sure a court reporter can afford to drop £20 on a dictaphone.
Considering the first point, Section 9, subsection 4 of the Contempt of Court Act actually nullifies the ban on tape recorders when used for making official court transcripts. So that would lead us to believe that the concern is not over the technology (why would it be?), but over rogue journalists manipulating the recording to mislead the public – and therefore jeopardizing a fair trial.
The effect of knowingly being recorded is another issue that would have to be considered before the ban could be lifted. If people know what they’re saying is likely to be broadcast to the world, or even just their community, they could be in a different mindset when taking to the stand. We all know how people can clam up when there’s a microphone around – and hence it could be argued witnesses are more likely to withhold information.
Any move to allow recording is likely to allow cameras in as well – and then further questions will be raised on how the recordings can be used, and whether it poses any risks around identifying victims and/or witnesses.
In this case though, to be fair to the judge presiding, she was simply upholding a law that has been around since 1981.
With all that being said, Heather’s certainly put forward a strong argument as to why a rethink should be considered, if only for better transparency of proceedings.