The Crown Court (Recording) Order 2016

• Citation: S.I. 2016/612
• Sections: 7

Section 1 Citation and commencement

This Order may be cited as the Crown Court (Recording) Order 2016 and comes into force on the day after the day on which it is made.

Section 2 Definitions

In this Order, “recording” means a visual or sound recording on any medium from which a single image, a moving image or any sound may be produced or reproduced, or the making of any such recording, and “recorded” shall be construed accordingly.

Section 3 Crown Court

This Order applies to the recording of sentencing remarks in the Crown Court made by the judge in open court.

Section 4 Recording sentencing remarks

Section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981 do not apply where sentencing remarks are recorded in accordance with the conditions in articles 5 to 7.

Section 5 Conditions

Recording is only for the purposes of a not-for-broadcast test.

Section 6 Conditions

(1) Recording is only with the permission of the qualifying judge who will make the sentencing remarks.

(2) In this article “qualifying judge” means a judge who—

(a) is a High Court judge or the Recorder of London or the Common Sergeant of London and is sitting at the Central Criminal Court; or

(b) is a High Court judge or a Senior Circuit judge and is sitting at one of the following places—

(i) Southwark;

(ii) Manchester (Crown Square);

(iii) Birmingham;

(iv) Bristol;

(v) Liverpool;

(vi) Leeds;

(vii) Cardiff.

Section 7 Conditions

Recording is by a person who—

(a) is permitted in writing by the Lord Chancellor to make recordings in the Crown Court; and

(b) assigns any copyright in the recording of the sentencing remarks to the Lord Chancellor, for and on behalf of the Crown.