One of the issues I campaign for in my book is greater transparency and public access to the courts and court records. Unfortunately section 32 of the Freedom of Information Act provides an absolute exemption for court records, so the Act will not provide greater access. New rules and legislation are needed to open the justice system to public view.

Nowhere is the problem of court secrecy greater than in the family courts. Fathers4Justice may have forced attention on the secrecy of the family courts, but many others have suffered in silence. Hundreds of parents have had their children taken away based on flimsy evidence that they were not allowed to see, let alone have examined by an independent expert. Accusations of bias, unfairness and injustice will continue until the family courts open up. It seems that finally some judges are getting the message.

Judges are ready to end secrecy to prove that there is no bias
The Times, Frances Gibb
10 January 2005

The secrecy of the family courts system would be stripped away under radical reforms being drawn up by senior judges which would open hearings to the public.

Hundreds of court hearings involving disputes over money or children, which are conducted behind closed doors, would be opened to the media and public under proposals shortly to go before the House of Commons for debate.

…
Lord Justice Thorpe told The Times: “In so far as people may be made anxious by the argument that privacy is cloaking injustice, I think it would be quite healthy to remove that privacy, (and) expose the process to public scrutiny which would reveal that it is in generally good condition.” He also added: “We are not looking into the abyss; after all in Scotland, which is part of the United Kingdom, they have always conducted their family proceedings in open court.”

The judges are expected to put forward proposals by the end of January to the Constitutional Affairs Committee. MPs, too, are examining the family courts system and, says the Times, one issue of concern is the culture of secrecy surrounding the family courts and the fact that the media cannot report on family court cases unless invited to do so by the judiciary.

Magistrates’ courts are to have access to police mugshots for the first time to help them identify wilful defaulters of criminal fines when the offender’s identity is disputed, the Department of Constitutional Affairs announced on Tuesday. The Government has tabled an amendment to the Serious Organised Crime and Police Bill to be debated today.

A press release from the DCA reads:

Estimates suggest the proposed new measures could result in up to £1.8 million extra being collected each year in outstanding fines. They are part of an ongoing drive to give court enforcement staff similar tools to police to pursue fine defaulters, especially persistent and hard to find offenders.
(more…)