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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Green party calls on Labour, Lib Dems, and Plaid Cymru to form a "progressive alliance" next election

Will Jeremy Corbyn, Tim Farron and Leanne Wood agree to meet for talks?

The Green party leadership have called upon Labour, the Lib Dems and Plaid Cymru to work together to challenge the Tories at the next election. In an open letter, the Green leaders stress the exceptional circumstances occassioned by the vote to leave the EU:

“In a spirit of openness and transparency, we are writing to you as leaders of parties which oppose Brexit, to invite you to a cross-party meeting to explore how we best rise to the challenge posed by last week’s vote to Leave the EU.  

“We have a UK Government in chaos, an economy facing a crisis and people up and down the country facing serious hardship. There is an urgent need to make a stand against any austerity and the slashing of environmental legislation, human and workers’ rights, that may come with Brexit. 

“With the growing likelihood of an early General Election, the importance of progressive parties working together to prevent the formation of a Tory-UKIP-DUP government that would seek to enact an ultra-right Brexit scenario is ever more pressing.

Caroline Lucas shot down a rumour that she would be joining Corbyn’s shadow cabinet. But her party has decided to call for a progressive alliance and an early general election. 

Key to such cross-party talks would be the demand for electoral reform, as the leader Natalie Bennett added in a statement:

“Central to such a progressive alliance would be a commitment to proportional elections for the House of Commons and an elected second chamber.”

The call for a more plural politics follows a post-referendum surge in Green party membership, with up to 50 people joining per hour.

Here’s the letter in full:

Open letter to: Jeremy Corbyn, Tim Farron, Leanne Wood on behalf of Green Party of England and Wales,

In a spirit of openness and transparency, we are writing to you as Leaders of parties which oppose Brexit, to invite you to a cross-party meeting to explore how we best rise to the challenge posed by last week’s vote to Leave the EU.  

Britain is in crisis and people are scared about the future. Never have we had a greater need for calm leadership to be shown by politicians.  

We have a UK Government in chaos, an economy facing a crisis and people up and down the country facing serious hardship. There is an urgent need to make a stand against any austerity and the slashing of environmental legislation, human and workers’ rights, that may come with Brexit. 

With the growing likelihood of an early General Election, the importance of progressive parties working together to prevent the formation of a Tory-UKIP-DUP government that would seek to enact an ultra-right Brexit scenario is ever more pressing.

This is an opportunity to recognise that a more plural politics is in both the Left’s electoral and political interests. This crisis exposes the absurdity of our first past the post electoral system.  Just 24 per cent of those eligible to vote elected the government that called the referendum. The only fair way to proceed is to have a proportional voting system where people can back the politicians who they believe in, rather than taking a gamble and not knowing who they will end up with.  

The idea of a progressive alliance has been floated for several years, and proposals have once again been put forward in the context of the current crisis.  We believe that the time has come to urgently consider such ideas together in the context of a Westminster Government. We recognise the very different political situation in Scotland, given the strongly pro-EU majority there. We hope that co-operation between progressive parties their can ensure that this mandate is respected, and we will support them to keep all options open.

We look forward to your response,

Natalie Bennett, Leader of The Green Party of England and Wales

Steven Agnew MLA, Leader of the Green Party of Northern Ireland

Alice Hooker-Stroud, Leader of Wales Green Party

Caroline Lucas, MP for Brighton Pavilion

India Bourke is the New Statesman's editorial assistant.