Recording of court proceedings Practice Note

Local Court Practice Note No 1 of 2013

Issued 19 July 2013

This Practice Note supersedes Practice Note 2 of 2008

Purpose

This Practice Note sets out the arrangements for the recording and dissemination of court proceedings by the media. The purpose of the Practice Notes is to ensure fair and accurate report of court proceedings.

Definitions

Decision in a final hearing means the final decision or judgment in civil proceedings and the sentencing of a convicted person or persons in criminal proceedings.

Media representative means a person engaged in preparing a report of court proceedings for a recognised media organisation, and who can provide appropriate professional identification.

Publication means publishing, broadcasting, transmitting, printing or making available on the Internet or by other means.

Recording means the capturing of audio and/or audio visual content onto any medium for publication to assist in the preparation of accurate reports of the court proceedings.

Application

This Practice Note applies to media representatives who work for recognised media organisations and who can provide appropriate professional identification.

Approval process

Upon application through the registrar of the court where the proceedings are being held (see Application by media representative to record court proceedings), a presiding magistrate may permit a media representative to take a recording of court proceedings for the purpose of preparing a fair and accurate report of those proceedings. Approval will only be given for the decision in a final hearing.

Proceedings not to be disrupted

It is a condition of approval that the recording must not cause any disruption to proceedings.

Conversations not to be recorded

Recordings must not be made of private conversations before or after court proceedings or during breaks.

Conditions for sound and/or visual recordings

The standard conditions for sound and/or visual recordings are as follows:

  • only one piece of recording equipment is permitted in the courtroom and it will remain fixed in a pre-determined position

  • only sound and images of the presiding magistrate may be recorded*, and

  • recording will be conducted on a “pooled” basis. Vision and sound is to be shared with other media outlets as soon as practical after the conclusion of the proceedings. If the vision and sound is to be broadcast live, all media outlets present must have equal opportunity to access the live feed at the same time.

    Note:

    * Media representatives wishing to record sound or images of any other person in the courtroom must first seek the consent of that party and seek the presiding magistrate’s approval as a part of the application and approval form.

Destruction of recordings

Unless otherwise approved or directed by the court, recordings must be deleted within 24 hours of being made. Until recordings are deleted, they must be kept in the possession of the approved media representative at all times.

Official record of proceedings

The transcript produced by the Reporting Services Branch is, and will remain, the authoritative record of proceedings.

GL Henson
Chief Magistrate

16 July 2013

Application by media representative to record court proceedings

Local Court Practice Note No 1 of 2013

Name of proceedings

 

Judicial officer

 

Date(s)

 

Name of media representative

 

Media organisation  

ID details and name of employer

 

I undertake to the court that whenever I record these court proceedings:

1. 

I will not permit any recording to be used in any way other than for the preparation of publication of a fair and accurate report of the proceedings.

2. 

I will not permit any recording of court proceedings to be broadcast by radio, television or on the internet.

3. 

I will not permit copies to be made of any recording of court proceedings.

4. 

I will not disrupt the proceedings in any way.

5. 

I will only record proceedings and will not record conversations before or after court or during breaks.

6. 

I will, unless otherwise approved or directed by the court, delete the recording within 24 hours of it being made and retain the recording in my possession at all times until deletion.

7. 

I will provide reasonable assistance to other media representatives seeking to listen/view the recording to prepare a fair and accurate report of the proceedings, and if the vision and sound is to be broadcast live, I will allow all media outlets present equal opportunity to access the live feed at the same time.

I give these undertakings in the knowledge that any breach could result in contempt of court proceedings against me.

Signature of applicant

 

Date

 

Approved/not approved

 

Name and signature of
presiding magistrate

 

Date