reporting LAKEVIEW IMAGES / ALAMY STOCK PHOTO
year’s Paul Foot award for his dogged campaigning on the single justice procedure. Under this procedure, introduced in 2015 for minor offences, more than half of all magistrates’ court cases in England and Wales are now dealt with by a single magistrate who considers the case documents in private, with the media unable to attend – though reporters can request outcomes and information. Kirk’s reporting exposed widespread miscarriages of justice, with examples including people with dementia being prosecuted over unpaid car bills, people with cancer being fined for TV licensing breaches and people with learning difficulties or severe mental health issues being sentenced with their mitigating circumstances not being taken into account. “It is willingly allowing frail pensioners, vulnerable people and mental health sufferers to be cruelly convicted,” he said, adding that it is “difficult to understand” why there has been no action from the government – despite widespread calls for reform following his reporting. Many courts have been closed – 164 out of 320
magistrates’ courts in England and Wales shut between 2010 and 2019, taking cases out of many local patches. Other courts have been left largely uncovered. Police press releases are used to plug some gaps, but they are no substitute for independent reporting and often include little detail. Even when courts are open, justice may not be. Access to court documents remains an issue. Fewer journalists in court means no one is there to stand up and argue if a stray reporting restriction is imposed. Freelance journalist Charlie Moloney recently won a
challenge against a reporting restriction on the case of a woman charged with murder over the death of her four-year- old son. Despite it being long established in law that anonymity cannot be given to the deceased in criminal cases, an order made by magistrates was continued by a crown court judge, and lifted only after Moloney wrote to the judge. He believes a higher number of incorrect reporting restrictions are being put in place because journalists are not there to ‘push back’ against the rise of privacy measures being requested. He also pointed out this was one of three murder cases at the same crown court in just the past two months where no journalist was present. Some legislation has restricted media freedom further – a law to prohibit the naming of alleged sex offenders for 30 years after their deaths in Northern Ireland was thankfully withdrawn after a legal challenge. Court cases and legal matters are often, deliberately or in ignorance, misreported both on social media and in some sections of the press. Judges have been branded ‘enemies of the people’. Far-right agitators posing as journalists have intimidated reporters inside and outside courtrooms. Having fewer specialist court reporters makes it difficult to ensure the public is given an accurate picture of the justice system.
Any reasons to be cheerful? Remote access to courts, rapidly expanded due to lockdowns, is here to stay and makes it possible for journalists to cover
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Newsquest data showed they were gaining subscribers through covering court cases
cases across the country from one place. Cameras now regularly livestream judges’ sentencing remarks after a long-fought battle by media organisations to let broadcasting into the courtroom. There are myriad ways reporters are presenting the stories they get from courts – from podcasts to vertical video and beyond. The judiciary is undertaking a transparency drive to boost open justice, the family courts are more open than ever and reporters should now be notified of reporting restrictions in advance to allow them to make representations. More rulings are published and more include press summaries, as judges are careful to ensure their decisions are communicated correctly. Courtsdesk, which provides data on courts drawn from magistrates’ court lists is being used by a number of news organisations to expand and enhance their court coverage. Some journalism lecturers tell me their students love court reporting most of all, and I’ve met some of these young enthusiasts myself. At the University of Sheffield, lecturers have introduced resilience training to prepare their students to cope with distressing cases. Most importantly, readers still want court stories and will
pay for them. Richard Duggan, north west regional editor for Newsquest, told a symposium on court reporting at the University of Salford in June that data showed they were gaining subscribers through covering court cases. That event, hopefully the first of many, was organised by another former journalist turned lecturer, Dr Richard Jones, to launch his book Reporting the Courts. During the course of his research for that book, which found
the UK’s press remains committed to cover the courts, a fellow court hack told him: “I don’t think there is much I would change. It’s the best job on the paper.” As long as there are journalists driven by their love of the job and a commitment to the public interest, the future does indeed hold no fear.
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