(1) A person may apply to the Court in proceedings to which this Part applies
for the Court to permit the recording and broadcast of judgment remarks of the
Court that are made in those proceedings.
Note : Sections 9 and 9A of the
Court Security Act 2005 prohibit the use of recording devices in courts, and
the transmission of court proceedings from a courtroom, except in limited
circumstances. One of those circumstances is when it has been expressly
permitted by a judicial officer.
(3) Each of the following is an
"exclusionary ground" for the purposes of this section with respect to
judgment remarks of the Court in proceedings--
(a) that the broadcast of the
judgment remarks would be likely to reveal the identity of a person in
circumstances where the disclosure, publication or broadcast of the person's
identity is prohibited by a suppression or non-publication order of the Court
or by law,
(i) that is
subject to a suppression or non-publication order by the Court or the
disclosure, publication or broadcast of which is otherwise prohibited by law,
or
(ii) that is likely to be prejudicial to other criminal proceedings
(including proceedings for the same or a related criminal offence) or a
current criminal investigation, or
(iii) that is likely to reveal the
existence of a covert operation carried out by law enforcement officials,
(c)
that the broadcast of the judgment remarks would pose a significant risk to
the safety and security of any person in the courtroom or who has
participated, or has otherwise been involved, in the proceedings,
(d) that
the Chief Justice has directed that the judgment remarks not be recorded or
broadcast because, in the Chief Justice's opinion, the broadcast of the
judgment remarks would be detrimental to the orderly administration of the
Court.
(4) Without limiting subsection (2) or section 68 of the Jury Act 1977, images that identify any of the following persons must not be recorded in
connection with the recording or broadcast of judgment remarks of the Court
made in proceedings to which this Part applies--
(a) the jurors in proceedings
where the Court is sitting with a jury,
(b) an accused person or a victim in
a criminal trial (or a member of the accused person's or victim's immediate
family),
(c) any other person belonging to a class of persons the recording
of images of whom is prohibited by regulations made under section 126 (2) (b).
Note : Section 68 of the Jury Act 1977 makes it an offence for a person to
wilfully publish any material, broadcast any matter or otherwise disclose any
information which is likely to lead to the identification of a juror or former
juror in a particular trial or inquest.
(5) The Court may, on the application
of a relevant person in the proceedings or of its own motion, make such orders
as it thinks fit for the purpose of preventing the recording or broadcast of
any thing that gives rise to an exclusionary ground or preventing a
contravention of subsection (4).
(a) limiting the
number and kinds of persons who may be involved in making such recordings in
the courtroom, and
(b) providing for measures to prevent the recording or
broadcast of any thing that may give rise to an exclusionary ground or prevent
a contravention of subsection (4), and
