Broadcasting Crown court sentencing
Guidance on broadcasting sentencing hearings by the media and the Crown court (Recording and Broadcasting) Order 2020.
Applies to England and Wales
Broadcasting judges’ sentencing remarks is one way of increasing justice system transparency, so people can see justice being delivered.
Authorised media can film sentencing remarks in the Crown court, including in some of the most high-profile courts across the country, such as the Central Criminal Court (Old Bailey).
Filming cases
Authorised media can apply to the judge to film the sentencing remarks of a case.
They can only film sentencing remarks of those cases being heard by a:
- High Court judge
- senior circuit judge who is also a resident judge
- senior circuit judge whose base court is the Central Criminal Court (Old Bailey)
- Court of Appeal judge sitting in the Crown court
They cannot film any other sentencing remarks, including those heard by a retired High Court judge.
Who can film
Only the following authorised media parties, agreed with the Lord Chancellor, can apply to film sentencing remarks:
- BBC
- ITN
- SKY
- PA Media
No one else can film, broadcast or take photos of any hearing at any time.
These authorised media can make their footage (including stills from the filming) available to other media organisations.
If you’re a member of national, regional and local media interested in a particular case, you can contact authorised media to ask them to apply to film a case’s sentencing remarks.
Live broadcasting
Authorised media parties decide whether to include a request to broadcast live when they apply to the judge. The judge decides whether sentencing can be broadcast live or not, taking into account reporting restrictions in place.
If they decide a case can be broadcast live, there will be a short delay before broadcast to comply with reporting restrictions.
Protecting victims and witnesses
Only the judge and their sentencing remarks can be filmed. Authorised media cannot film any other court user – including defendants, victims, witnesses, jurors and court staff.
Filming is subject to the usual reporting restrictions, so authorised media may need to edit footage before it’s broadcast.
The Ministry of Justice retains copyright of the footage but does not hold the footage.
How to apply
Authorised media must apply no later than 5 working days before the sentencing hearing. The judge makes a provisional decision at least 2 days before the hearing, and the final decision on the day of the hearing. They consider applications out of court.
The prosecution, defence, victim or his/her relatives cannot make representations. There is no right of appeal against the judge’s decision.
Broadcasting footage
Authorised media decide whether to broadcast their footage of sentencing remarks in their TV or online news bulletins.
After filming has taken place, broadcasters publish the full footage of sentencing remarks (unless edited to comply with reporting restrictions or other relevant regulations).
Broadcasters make footage publicly available online within one working day of the hearing on YouTube.
They’ll normally make the footage available to the public on a hosting platform until the conviction becomes spent under the Rehabilitation of Offenders Act 1974.
Updates to this page
Published 27 July 2022Last updated 8 February 2024 + show all updates
-
Added another type of judge that authorised media can apply to for permission to film sentencing remarks.
-
First published.