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Open justice and reporting restrictions in criminal cases

There is a general principle of open justice in the common law. The open justice principle that the administration of justice is carried out in public is both a hallmark and a safeguard of the rule of law:

1. •

   it encourages witnesses to come forward and to be truthful

2. •

   it helps maintain public confidence in the trial process and the administration of justice, and

3. •

   it reduces the scope for inaccurate and ill-informed comment

When a criminal case is listed for hearing in public, the application of the open justice principle means that a court officer must publish certain information where it is available, unless the publication is prohibited by a reporting restriction. This is provided for in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759.

The CrimPR also make provision for the public or media to request access to particular information held on file by the criminal courts in England and Wales in accordance with the open justice principle. Practice Note: Access to information held in criminal court records explains the type of information that can be accessed by a non-party or