'In the Nineties, judges were much scarier.' Oli Scarff/Getty Images

In truth, the old maxim that justice “must be seen to be done” has nothing to do with the rights of spectators or reporters in court. It comes from a judgement established in 1924 during a dangerous driving case, in which one of the judge’s clerks worked for a firm who was also suing the driver in his personal capacity. While the clerk was exonerated of having leant on the judges, the sentence was quashed simply because the Lord Chief Justice thought that it had the potential appearance of malfeasance.
A century later, the question of whether we the people have a right to know about justice remains unresolved. Despite our obsession with “transparency”, it is becoming increasingly hard to know what is going on inside Britain’s courts.
“Atrocious”, was how the chair of the Bar Council described our justice system earlier this week, in an interview with the Financial Times. But just how “atrocious” is impossible to glean. Over the past decade, court reporting has withered as funding dries up. And no company embodies this more than Court News UK, the last court reporting agency to operate from the Old Bailey, where I’ve spent the past three months following their reporters for a podcast documentary.
“There are huge black spots now,” says Guy Toyn, co-owner of Court News UK. “London is still fairly well covered. But go up to cities as big as Birmingham, or Nottingham, and there just isn’t anyone there to see what’s going on. Let alone regional courts.”
For the last 25 years, Court News UK has been run by two reporters, Toyn and Scott Wilford. In the early days, they worked from a “windowless basement” bursting with at least three other press agencies, several photographic agencies, and dedicated court reporters from the likes of The Telegraph, The Times and The Sun. “It felt like a Fleet Street annexe,” says Wilford. They wrote up reports, then sold them to national and local papers. “At one point we had 10 reporters and two photographers. You could literally get an order from anywhere — I think there’s a newspaper up in the Orkneys that was one of our clients. They all had budgets. All these local papers around London had budgets. So you’d have a running list of seven or eight murder trials and be thinking: God, how am I going to service all this…”
What happened next is a familiar story. First the internet, then social media, blew up their model. By the late 2000s, national papers began to cut costs, and local ones mostly went bust, folded into bigger consortiums that stripped out most of the on-the-ground reporting and stuffed what remained with clickbait. Court News’s rivals all went bankrupt. The staff of 12 at Court News shrunk to four. Increasingly, the recruits are smart first-jobbers, who can make do with the meagre pay.
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