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The BBC's John Andrew
"Legal opinion is still sharply divided"
 real 56k

Wednesday, 27 December, 2000, 12:27 GMT
Court TV plan under way
OJ Simpson trial
The televised trial of OJ Simpson caused controversy
Television cameras could soon be allowed in English and Welsh courtrooms for the first time, it has been reported.

Ministers are said to be drawing up plans to relax the restrictions on filming in court in certain types of cases.


It does change the whole dynamic of the court

Gordon Jackson QC
Legislation passed in 1925 banned cameras from courts in England and Wales.

Cameras have been allowed in Scottish courts - under strict conditions - for the last eight years.

The proposed changes come amid growing fears that the justice system is seen as too remote.

A committee headed by the Lord Chancellor, Lord Irvine of Lairg, is examining the idea as a way of opening up the mysteries of the courts to people.

Lord Irvine of Lairg, the Lord Chancellor
Lord Irvine heads the committee investigating the proposals
The committee is thought to be considering three types of case for the initial experiment - judicial reviews, appeal court hearings and cases before the House of Lords.

None of these involves witnesses or juries.

Such a move would have allowed recent cases such as Neil Hamilton's libel appeal and the law lords' hearing of the General Pinochet case to have been televised.

Previous attempts to introduce cameras to court have failed and legal opinions remain sharply divided on the issue.

Opponents argue it would influence the way witnesses and lawyers behave in court.

The debate was sharply highlighted by the OJ Simpson case in America which was extensively broadcast on television.

Scottish experiment

A scheme introduced in Scotland in 1992 permits court cases to be televised if all sides involved give their consent.

Gordon Jackson QC, an MSP and criminal lawyer, said he was a "strong proponent" of the Scottish experiment but had reservations about the new reported proposals.

He told BBC Radio 4's Today programme: "I think the main problem is that television tends to distort, it tends to trivialise.

"There are other problems: it does put pressure on witnesses, it does change the whole dynamic of the court."

Mr Jackson said another factor was the possibility of witnesses, normally banned from court before they give evidence, seeing proceedings broadcast on television.

Eventually televised courts could lead to a "media circus" around the legal system, he added.

'Cautious welcome'

The initiative has been cautiously welcomed by lawyers.

Malcolm Fowler, chairman of the Law Society's Criminal Law Committee, said: "Anything which brings the workings of the law closer to the public is to be welcomed.

"But individual citizens appearing in courts, whether they be witnesses or defendants have to have proper safeguards."

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