
1 
This Order may be cited as the Crown Court (Recording and Broadcasting) Order 2020 and comes into force on the day after the day on which it is made.
2 
In this Order—
 “broadcast” means the transmission to members of the public of a recording of sentencing remarks to which this Order applies;
 “court” means the Crown Court;
 “judge” means a judge who is—
(a) a High Court Judge;
(aa) an ex-officio or ordinary judge of the Court of Appeal within the meaning of section 2 of the Senior Courts Act 1981, or a Lord Justice of Appeal (England and Wales) (sitting in retirement);
(c) a Senior Circuit Judge who is also the Resident Judge of a Crown Court centre; or
(d) a Senior Circuit Judge whose base court is the Central Criminal Court;
 “recording” means a visual or sound recording on any medium from which a single image, a moving image or any sound may be produced or reproduced, or the making of any such recording; and “record” and “recorded” are to be construed accordingly.
3 
This Order applies to the recording and broadcasting of sentencing remarks in the Crown Court made by the judge in open court.
4 
Section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981 do not apply where (and only where) sentencing remarks are—
(a) recorded in accordance with the conditions in articles 5 to 7; or
(b) broadcast in accordance with the conditions in articles 8 to 10.
5 
Recording is only of the judge when making sentencing remarks in open court.
6 
Recording is by a person who—
(a) is permitted in writing by the Lord Chancellor to record sentencing remarks in court; and
(b) assigns any copyright in the recording of sentencing remarks to the Lord Chancellor, for and on behalf of the Crown.
7 
Recording takes place only with the permission in writing of the judge and in accordance with any conditions imposed by the judge.
8 
Only recordings made in accordance with articles 5 to 7 are broadcast.
9 
A broadcast must not breach any applicable reporting restriction.
10 

(1) A report or presentation of proceedings that includes a broadcast of sentencing remarks must be fair and accurate having regard to—
(a) the overall content of the report or presentation; and
(b) the context in which the broadcast is presented.
(2) A broadcast must not be for the purposes of—
(a) a party political broadcast;
(b) advertisement or promotion, except where such advertisement or promotion relates to a report or presentation of proceedings that includes a broadcast;
(c) light entertainment; or
(d) satire.
Chris Philp
Parliamentary Under Secretary of State
Ministry of Justice
19th June 2020I concur
Burnett of Maldon
Lord Chief Justice
16th June 2020