NCTJ Court Reporting Practice Exam

Which of the following is a common law exception to open justice?

1. When the judge is unwell

2. When publicity would defeat the object of the case

3. When witnesses are unavailable

4. When the jury is present

The correct answer is: When publicity would defeat the object of the case

The principle of open justice is fundamental in the legal system, ensuring that court proceedings are conducted in public to promote transparency and accountability. However, there are recognized exceptions to this principle within common law. One significant exception occurs when publicity could undermine the fairness or the integrity of the case at hand. This situation might arise in cases where sensitive information is disclosed that could influence the behavior of witnesses or jurors, or potentially affect the outcome of the trial. In such instances, the judge has the discretion to restrict access to certain parts of the proceedings or to prohibit public reporting to maintain the fairness of the trial. The other options do not traditionally qualify as recognized exceptions under common law. For instance, a judge's illness, the unavailability of witnesses, or the presence of a jury do not inherently justify restricting public access to court proceedings under the open justice principle.