The first ever televised Crown Court sentencing is set to make legal history on Thursday. Judge Sarah Munro QC is expected to be filmed as passes sentence on Ben Oliver for the manslaughter of his grandfather.
The footage will be broadcast on news channels such as Sky News, BBC and ITN. It is part of a bid to enhance the principle of 'open justice', allowing the public to see judges explain the reasoning behind sentencing decisions.
To protect the privacy of victims, witnesses and jury members, only the judge will be filmed. Cameras already operate in the Court of Appeal and Supreme Court, but the law was changed in 2020 to allow cameras into the Crown Court - however, the pandemic delayed putting the new rules into action.
The sentencing of Ben Oliver will take place in Court Two, one of the Old Bailey’s oldest courtrooms. The 25-year-old from Bexleyheath, south London, admitted the manslaughter of 74-year-old David Oliver, in Mottingham, south London, on January 19 last year.
Oliver was said to have Autistic Spectrum Disorder, which combined with other emotional and mental factors, diminished his responsibility for the killing.
Lord Chief Justice of England and Wales, Lord Burnett of Maldon, hailed the move towards allowing filming as a “very positive” step in promoting open justice. He said: “I think it’s an exciting development, because it will help the public to understand how and why criminals get the sentences that they do in these very high-profile cases.”
He added: “Sentencing of serious criminal cases is something in which there is a legitimate public interest. And it’s always seemed to me that this is a part of the criminal process, which can be recorded and broadcast in many cases, but not all, without compromising the administration of justice or the interests of justice.”
Addressing potential criticism of allowing cameras into courts, he said the "solemnity of the proceedings are preserved entirely". But he suggested it would be "quite damaging" to film trial proceedings.
“The thing about sentencing remarks is that broadcasting those doesn’t have an impact on the way witnesses and others involved in the trial process – complainants, victims and so on – are immediately affected," he said. “If you broadcast the trial proceedings themselves, it’s very difficult to avoid that.”
Deputy Prime Minister, Lord Chancellor and Justice Secretary Dominic Raab said: “Opening up the courtroom to cameras to film the sentencing of some the country’s most serious offenders will improve transparency and reinforce confidence in the justice system. The public will now be able to see justice handed down, helping them understand better the complex decisions judges make.”
John Battle, head of legal and compliance at ITN, and chairman of the Media Lawyers Association, said it was a “landmark moment for open justice”. “This reform reflects the public’s right to see justice being done in their courts,” he said.
John Ryley, head of Sky News, said: ”Filming judges’ sentencing remarks in the Crown Court of England and Wales is a victory for the viewer. It will allow for greater transparency in our courts and is something that broadcasters, including Sky News, have campaigned for more than a decade to achieve.”
Interim director of BBC News Jonathan Munro said: “Justice must be seen to be done, so this is a crucial moment for transparency in the justice system – and for our audiences, who will be able to understand the judicial process better by witnessing it for themselves.”
Joe Pickover, head of video at the PA news agency, said it was a “crucial milestone”. "Audiences across the UK will gain a much better understanding of the criminal process by witnessing the judicial system first hand, and PA is delighted to be playing its part in this vital development," he said.
