Open justice

‘Open justice’ is the principle that allows the public to look at and understand the workings of the law. We support open justice and the role it plays in protecting access to justice.

10 Jul 2025

3 minutes read

Our view

We strongly support the principle of open justice.

It's important for the public to trust and understand how our courts and tribunals work.

In the past decade, the justice system has been through a substantial transformation.

This was driven by the government’s court modernisation programme.

Court modernisation was accelerated by COVID-19, which saw the need for more widespread use of digital technology.

The last public evaluation on open justice took place in 2012.

Since then, the UK government has been working to ensure the principles of open justice are embedded in modern legal practices.

We have stressed to the Ministry of Justice (MoJ) and HM Courts and Tribunals Service (HMCTS) that open justice must be a key consideration when adopting technology in future.

Remote hearings

Methods such as remote observation (watching court proceedings digitally) are a logical extension of the concept of open justice in the modern era.

But justice can only be done, and be seen to be done, if everybody has access to it.

Without widespread investment in our justice system – in our courts and in legal aid – this won’t be possible.

We also need better data collection to fully analyse the impact digital methods have on access to justice and justice outcomes.

The impact of increased remote hearings on the principle of open justice should be monitored carefully by the courts.

Data should be released to understand:

who is accessing the hearings
the effect of hearings on vulnerable groups
what proportion of hearings are taking place in private

What we’ve been doing

Transparency and Open Justice Board

In February 2025, we responded to the Transparency and Open Justice Board’s consultation on its key objectives – the courts should be open and accessible to the public and the media.

On a practical level, this would mean giving access to:

information about pending cases
core documents relating to proceedings
public hearings

We support the principle of open justice, but reforms must protect:

access to justice
individual privacy (especially for vulnerable people)
the integrity of court proceedings

In 2024, the lady chief justice created the Transparency and Open Justice Board to lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England and Wales.

The board is engaging widely in setting key objectives to guide its work.

Once these are confirmed, the board, in partnership with HMCTS and the MoJ, will support and coordinate a programme of changes to promote transparency and open justice.

Open justice evaluation

In February 2025, the MoJ published a summary of responses to its call for evidence on open justice.

This followed an MoJ consultation in 2023.

The MoJ asked for input on enhancing transparency and accessibility within the justice system by focusing on 10 key areas:

open justice and transparency
court listings
accessing courts and tribunals
remote observation and livestreaming
broadcasting
single justice procedure
publication of judgments and sentencing remarks
access to court documents
data access and reuse
public legal education

It is sharing its findings across the department to make sure the evidence collected can inform policy development and operational changes.

It will also be discussing its findings with the Transparency and Open Justice Board.

2020 to 2025

January 2025 – new open reporting provisions apply in all family courts in England and Wales.

April 2024 – the lady chief justice creates the Transparency and Open Justice Board.

September 2023 – we respond to the MoJ’s call for evidence on open justice.

We voiced our support for the principle of open justice but highlighted our key concerns about the justice system and the implications this has on open justice.

For example:

access to justice and legal aid
the current state of the justice system
accessibility of the courts
access to relevant information
the need for robust data collection
the importance of the right to privacy

May 2023 – the MoJ launch a call for evidence on Open Justice: the way forward.

January 2023 – the Transparency Reporting Pilot is launched. It introduces a presumption that accredited media and legal bloggers may report on what they see and hear during family court cases, subject to strict rules of anonymity.

We state that as long as it’s done in a sensitive manner, such reporting will be a valuable tool in re-educating the public

It can also raise awareness of what the rule of law means and why it’s important.

July 2022 – Crown Court sentencing remarks broadcast for the first time.

April 2022 – court and tribunal judgments for England and Wales become available on the National Archives.

June 2020 – the Crown Court (Recording and Broadcasting) Order 2020 comes into force.

It allows cameras to broadcast the sentencing remarks of High Court and Senior Circuit judges in some Crown Courts.

We emphasise that transparency is an essential principle of justice. It improves public confidence and access to our courts.

Done sensitively and with appropriate reporting restrictions, broadcasting from the courts during some proceedings – such as sentencing – could add significant value to public life.

What proceedings are broadcast must be considered carefully. It is important to avoid putting the fairness of trials at risk or create undue stress for defendants, witnesses and victims alike.

March 2020 – due to COVID-19 many of the court buildings were closed, only functioning with a skeleton staff.

We voice our concerns about open justice becoming a casualty of the pandemic, highlighting the difficulty of achieving an ideal balance for hearings to go ahead safely and being seen to be done.