« The case against defamation | Main | Oops? »
New High Court search rules
By Steven | June 4, 2009
There are new rules about access to court documents (including exhibits), both criminal and civil. They are more detailed and to some extent more liberal than the old ones. They open up a range of documents subject to the overriding power of a judge to seal them. Some documents, however, can only be searched with the leave of the judge, such as interviews with sex complainants and mental health patients.
There’s a welcome movement in particular toward greater openness while the matter is before the courts, when it’s most likely to be of public interest. Both sets of rules outline a (largely informal) application process, and set out the factors to be considered where leave is required. These generally reflect recent developments in the case law:
-
the right of the defendant to a fair hearing [criminal cases only, of course]:
-
the orderly and fair administration of justice:
-
the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:
-
the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, trials and decisions:
-
the freedom to seek, receive, and impart information:
-
whether a document to which the application or request relates is subject to any restriction…
-
any other matter that the Judge, other judicial officer, or Registrar thinks just.
I think these rules are a great improvement, but they don’t go as far as the Law Commission suggested.
Topics: Court records, General | Comments Off on New High Court search rules