Can a Case Be Heard Without a Newspaper Reporter Present?

What is open justice?

Courts in the UK generally operate on a principle known as open justice. The principle ensures that justice is conducted transparently and can be observed by the public. This means most hearings take place in public, and members of the public, including journalists, can usually attend.

This principle applies to both criminal and civil cases. It helps maintain trust in the legal system and allows the press to report on court proceedings.

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The right to a public hearing

Article 6 of the European Convention on Human Rights sets out the right to a fair and public hearing. The Human Rights Act 1998 incorporates this article into UK law, making it directly enforceable in UK courts. This applies to anyone facing a criminal charge or involved in a civil dispute about their rights and obligations.

In practice, this means that the starting point for most court cases is that they will be open to the public. Reporters can attend, take notes, and publish accounts of what happens, subject to any court-imposed reporting restrictions. This right to report on court proceedings is seen as a safeguard against unfair treatment and helps keep the justice system accountable.

However, the right to a public hearing is not absolute. There are circumstances where courts can restrict or exclude public access.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

When can the public or press be excluded?

Courts have the power to limit public access in certain situations. This might apply to an entire hearing or just specific parts of it. Common reasons for restricting access include:

• Cases involving national security or sensitive intelligence matters, such as those heard in closed material proceedings under the Justice and Security Act 2013
• Cases involving minors, particularly in family courts
• Situations where publicity could prejudice the interests of justice
• Cases involving vulnerable witnesses who might be harmed by public exposure
• Hearings where private or confidential information needs protection

Family courts often sit in private to protect the welfare of children. The Family Court and Court of Protection routinely restrict who can attend and what can be reported, though journalists may be permitted to attend certain hearings while remaining subject to reporting restrictions on what they can publish.

In criminal cases, judges may sometimes clear the public gallery during sensitive testimony or when a witness is particularly vulnerable. Sexual offence cases often have reporting restrictions in place to protect the identity of complainants.

What this means in practice

Court proceedings are typically held in public unless there is a specific legal reason for privacy. The court will usually explain any restrictions that apply.

Journalists have a general right to attend and report on open court hearings, but they must follow any reporting restrictions the court imposes. Breaking these restrictions can be a serious offence.

If you believe your right to a fair hearing has been affected, you may wish to seek legal advice. Citizens Advice can provide initial guidance, and the GOV.UK website has information on court procedures and your rights.

For detailed guidance on attending court hearings as a member of the public, you can check the HM Courts and Tribunals Service pages on GOV.UK. The Judicial Office also publishes guidance on reporting restrictions and open justice principles.

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