This initiative, funded by the Sheila Kitzinger Programme, focuses on Open Justice and Courts and Tribunals Observation and Access, building on UK civil society and legal policy work on technological changes to the justice system.
The convenor is Dr Judith Townend, University of Sussex. Core advisors include: Penelope Gibbs (Transform Justice), Paul Magrath (Incorporated Council of Law Reporting for England and Wales, ICLR), Dr Helen Taylor (Spotlight on Corruption), Professor Celia Kitzinger (Open Justice Court of Protection Project), and Dr Sally Reardon (UWE Bristol). The research associate is Aastha Prasad (University of Oxford).
One of our central questions is this: how can the public be supported to observe courts and access court information in digital and physical environments? Answering this requires us to consider whether certain categories of observers (such as journalists) should enjoy special privileged access (as can sometimes be the case); and how we minimise the detrimental impacts on people from vulnerable and marginalised backgrounds at particular risk of systemic bias. In addressing these points, the initiative is guided by the work of Sheila Kitzinger, who questioned ‘accepted truths’ in the pursuit of social justice; and sought ‘to seek justice for those who were marginalised and oppressed’.
In May 2023, a group of specialists interested in these questions gathered at Green Templeton College for a day-long workshop. The day’s agenda considered the practical detail of doing ‘open justice’ (that is, observing and reporting the work of courts), as well as the broader legal and ethical landscape. Our group included civil society campaigners involved in justice data projects and courts monitoring work; lawyers with expertise in access to justice, equalities and human rights; and academics studying court design and process, and open justice and journalism. Many of the participants had been sharing over several years – by correspondence and social media – their experiences of watching and reporting court, and this was the first time we had come together as a group in this way to share our experiences and knowledge.
Although participants had expertise in different parts of the English and Welsh justice system, and open justice procedure varies between court types in civil, criminal, and family jurisdictions, and tribunals, we discovered many commonalities and areas of agreement. Our final session considered ways in which we might take our ideas forward, such as establishing a stakeholder network on Courts and Tribunals Observation and Access. This proposed network will aim to inform the Government and Judiciary and other relevant bodies about access problems in the justice system; and help develop better policies and law. We re-convened via Zoom in June 2023 to further develop these ideas, and discuss our submissions to the Government’s consultation on open justice, which is open until 7 September 2023.
Our report on the key discussions during the Courts and Tribunals Access and Observation Workshop can be viewed here.
We would welcome further input at this stage. Those interested in this project should contact the convenor Dr Judith Townend, University of Sussex.
Courts and Tribunals Observers’ Network 