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Ministry of Justice issues call for evidence on open justice amid increasingly digitised justice system

The Ministry of Justice has advertised a call for evidence on a range of topics concerning open justice, access to data and the transparency of court and tribunal services.

The document describes 'open justice' as a principle which allows the public to scrutinise and understand the workings of the law, building trust and confidence in our justice system.

Prior to the digitisation of the justice system, open justice has typically been secured by the use of public galleries, the document notes.

But with the recent advent of virtual hearings and the overall move towards digitisation of the justice system, the MoJ believes the need to examine how open justice continues to be upheld has arisen.

The contents of the call for evidence cover many of the issues raised in a 2022 report from the Justice Select Committee (JSC), Court Reporting in the Digital Age, which produced recommendations concerning topics such as published listings, broadcasting, remote observation, access to court documents and the publication of judgments.

It also calls for responses on open justice matters which affect all members of the public, including issues across jurisdictions, HMCTS services, within legislation, throughout public legal education, and on access to data and information.

The call for evidence marks the first public evaluation of open justice since 2012.

In a foreword to the call for evidence Parliamentary Under Secretary of State for Justice, Mike Freer MP, said: "Open justice is a fundamental principle at the very heart of our justice system and vital to the rule of law – justice must not only be done but must be seen to be done. Its history and importance in law can be traced back to before the Magna Carta. It is a principle which allows the public to scrutinise and understand the workings of the law, building trust and confidence in our justice system."

Respondents have until 7 September 2023 to give evidence.

Adam Carey