Technology supports open justice, says top judge ahead of first court livestream

A “different way” of thinking about public access to Scotland’s courts is needed, one of the country’s most senior judges has said.

Lord Justice General Lord Pentland was speaking ahead of the launch of a new regular livestreaming service at the Criminal Appeal Court, which will enable the public to watch hearings online.

The service, which goes live from August 29, will initially only include appeals against conviction and prosecution appeals against sentence, but the Scottish Courts and Tribunals Service (SCTS) said it will eventually include all appeals heard at the court.

It will be the first criminal court in Scotland to have a regular livestreaming service.

Speaking to the PA news agency ahead of the launch, Lord Pentland said it was “a major step forward” to making the court more accessible to the public.

“One of the most fundamental principles in our justice system is the principle of open justice,” he said.

“That is, that the doors of the court are always open, except in limited cases where it is necessary to have some restrictions.

“What we want to do is to take advantage of technology and to widen public access by making a livestreaming service of important criminal appeals available to many more people than would be able to attend the courtroom in person.”

Livestreaming was first used by the SCTS during the Covid-19 pandemic, to allow parties and the media to access cases while courtrooms were closed to the public.

The move also builds on the livestreaming service already available for the Court of Session, which Lord Pentland said has seen some high-profile hearings attract “literally thousands” of online viewers.

He contrasted this with the “less than 100 people” able to fit into the centuries-old courtroom in Parliament House in Edinburgh where he was being interviewed.

The senior judge said the move to allow livestreaming shows the courts are “absolutely committed” to widening public access, and a reflection of the need to look at new ways of ensuring the principle of open justice is realised.

“We need to think now in a different way, in my view, about public access to the courts, in a way which recognises that technology offers us the potential to move away from the necessity for physical attendance, and to let people see inside the courtrooms,” he said.

The judge also said the move was one of a “range of measures” being taken to ensure the principle of open justice is “made real”.

He said these include improving the way court judgments are made available, improving the courts’ website, and developing a “strong working relationship” with the media – including issuing new guidance to court staff on how to deal with court reporters.

“We are now moving the whole concept of open justice and the principle of open justice centre stage in the Scottish court service, and we’re pursuing a range of initiatives with a view to trying to ensure that the principle is fully delivered,” he said.

He was also very clear about the importance of open justice, both to the legal system and to Scottish society more widely.

“Everything that we do in the courtroom has got to be open to the public, and that is so that the judges can be held accountable to the public, and so that people can see the way that justice is actually administered and dealt with in their courts,” he said.

He added: “The principle is of such fundamental importance to our society that we have to ensure that we embrace it and that we make it effective and real in the modern world.

“It’s really central to the stability and to the integrity of our democracy, and to the rule of law.”

Malcolm Graham, SCTS chief executive, said: “The launch of Criminal Appeal Court Live is another significant development for SCTS which will support open justice and transparency in our courts.

“The new service will allow greater public understanding of appeal cases and provide a means for complainers and other court users to view proceedings without the need to attend court – either live as it happens or at a later stage.”