Cameras in court throw us in at the deep end before we’re ready

Without a more sophisticated knowledge of the law, a casual viewer will inevitably filter what they see through the biases they already harbour.

The Court of Appeal is to be televised for the first time now that a ban on cameras in courts in England and Wales has been lifted.

High-profile media organisations have been lobbying for such a move for some time and the first broadcast has already been made from the Royal Courts of Justice.

There is no question that the justice system ought to be public. That necessarily means that it ought to be as publicly accessible and visible as possible. Indeed, this is an aim that the justice system itself should actively pursue by taking measures to enable as many people as possible to gain access to the system’s operations.

Televising court proceedings is one important step in that direction for the obvious reason that the justice system now potentially reaches a much wider audience. That said, it’s unlikely that daytime television producers should be losing any sleep over losing viewers. Audience figures are generally low elsewhere.

It is commendable that the televising of trials is being introduced very carefully. It is wise to restrict it initially to appellate proceedings, which resist being sensationalised much more than first-instance court hearings. I am also not particularly concerned that bringing the Court of Appeal in people’s living rooms will result in a lack of respect. In fact, people may well respect courts more, if they can see with their very eyes that courts are serious and fair.

There are, however, some concerns as to whether televising trials can satisfy the principle of publicity. Some hope that direct access to proceedings will unclutter people’s perception of the justice system not least by cutting out the press and its various biases as the middleman for delivering information to the public about what goes on within their walls. The idea seems to be that if the viewer has first-hand experience of the goings-on in court, they will also form an unbiased view on what is being discussed.

But can this really be true? Proceedings in the Court of Appeal in particular can revolve around extremely complex technical issues, which are impossible to grasp properly without an advanced understanding of the law and legal method. Whether it is a good or a bad thing that law can be so difficult to grasp is an important but separate question. The point is that, without a more sophisticated knowledge of the law, a casual viewer will inevitably filter what they see through the biases they already harbour in a way that distorts the meaning of what it is in fact going on in the courtroom. Imagine, for example, how a sentencing appeal which is upheld for good reasons can easily be misunderstood and how this can trigger disagreements for all the wrong reasons.

For justice to be public it needs to be more than just visible. It is necessary that the justice system communicate its operations to the public in an understandable and undistorted way. If justice is to be open, then people should be given the chance to fully understand what the legal issues really are in each case, what exactly the courts have decided when they deliver a ruling, why they reached the decision and what the alternatives were The public also deserves to know what the future ramifications of their decision will be.

If it is bias that we’re trying to eliminate, throwing people in at the deep end of the justice system is not the solution. Information about the law must be properly edited and communicated for it to be of any value and for it to inform political dialogue without the risk of legal populism. But instead of leaving this exclusively to the press or commentators in the blogosphere, it should be done by accountable public officials.

Emmanuel Melissaris does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.The Conversation

This article was originally published at The Conversation. Read the original article.

The Royal Courts of Justice. (Photo: Getty)
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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.