Crime and Courts Act 2013

32 Enabling the making, and use, of films and other recordings of proceedings

(1) The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—

(a) does not apply in relation to the making of a recording or the making of a prescribed recording;

(b) does not apply in relation to the making of a recording, or the making of a prescribed recording, if prescribed conditions are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;

(c) does not apply in relation to prescribed use of a prescribed recording.

(2) Those sections are—

(a) section 41 of the Criminal Justice Act 1925 (no photography or drawing in court of persons involved in proceedings, and no publication of contravening images);

(b) section 9 of the Contempt of Court Act 1981 (no sound recording in court without permission, and no public playing of recordings).

(3) In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—

(a) direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, to apply in relation to the proceedings, or

(b) direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, disapplied in relation to the proceedings only if conditions specified in the direction are met.

(4) No appeal may be made against—

(a) a direction given under subsection (3), or

(b) a decision not to give a direction under that subsection.

(5) In this section—

• “recording” means a visual or sound recording on any medium, including (in particular)—

  (a)

  films and other video-recordings, with or without sound,

  (b)

  other photographs, and

  (c)

  sketches and portraits;

• “prescribed” means prescribed by an order under subsection (1).

(6) The preceding provisions of this section do not apply in relation to Supreme Court proceedings.

(7) In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—

“(1A) See section 32 of the Crime and Courts Act 2013 for power to provide for exceptions.”

(8) In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

“(5) See section 32 of the Crime and Courts Act 2013 for power to provide for further exceptions.”