The judicial process should be transparent and open to public examination. It is a principle that can be denied or limited in both court cases and public debates (non-publication orders, suppression orders).
Limitations - Restrictions vary in different jurisdictions.
Access to Courts - Journalists have no more rights than any other citizen in a courtroom. Some privileges (at the discretion of the judge or set out in statues). Privileges include sitting at the bench press, being able to take notes, audio taping and video recording, use of social media.
Restrictions on court documents - Affidavits, Documents from committal hearings (except in NSW), Transcripts and documents related to previous cases.
Court Orders - suppression orders, non-publication orders, pseudonym orders.
Challenging restrictions on access - Can you challenge these orders, How? On what grounds? Contact the magistrate and ask for the restriction to be lifted.
Secret Justice - Mental health, alternative dispute resolutions & matters of national security.
Contempt of Court - There are five main categories.
- Sub-judice contempt
- Scandalising the court.
- Revealing the deliberations of juries
- Contempt in the face of the court
- Disobedience of contempt.
Sub-judice is trial by media, ill-defined in many respects, sub-judice period from the arrest.
Revealing Deliberations - Common law prohibition on speaking to jurors after a trial.
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