The Remote Observation and Recording (Courts and Tribunals) Regulations 2022

Matters that the court must take into account

4.  Before deciding whether, and on what terms, to make a direction under section 85A(2), the court must take into account—

(a) the need for the administration of justice to be, as far as possible, open and transparent;

(b) the timing of any request or application to the court or tribunal to make a direction, and its impact on the business of the court or tribunal;

(c) the extent to which the technical, human and other resources necessary to facilitate effective remote observation are or can be made available;

(d) any limitation imposed by or under any enactment on the persons who are entitled to be present at the proceedings;

(e) any issues which might arise if persons who are outside the United Kingdom are among those watching or listening to the transmission;

(f) any impact which the making or withholding of such a direction, or the terms of the direction, might have upon—

(i) the content or quality of the evidence to be put before the court or tribunal;

(ii) public understanding of the law and the administration of justice;

(iii) the ability of the public, including the media, to observe and scrutinise the proceedings;

(iv) the safety and right to privacy of any person involved with the proceedings.