To observers in some foreign lands, the ban on audio and video recordings being made in British courts must seem like an affront to open justice. What is undoubtedly more bizarre is the position on note-taking by people in the public gallery. Although there is no statutory provision on this, there has long been a belief that members of the public are either banned from taking notes, or have to ask the judge’s permission before doing so. People have been castigated or even threatened with ‘contempt in the face of the court’ (a particularly serious form of contempt) for daring to take notes during a trial. Bona fide journalists seem to get better treatment.
