Media representatives should be able to remain in court when complainants in sexual offences cases give evidence, a new report has concluded.

The recommendation, contained with the Law Commission’s final report into reform of Evidence in Sexual Offence Prosecutions, comes after the Society criticised provisional proposals in 2023 to restrict access to court rooms while complainants in sexual offence cases give evidence as well as plans for the automatic exclusion of all but one member of the media.

The Law Commission’s final report, published today, recommends that while the exclusion of the public should be a standard measure for which complainants are entitled while giving evidence, ‘open justice is a fundamental principle of criminal trials’ and the current law should be improved whereby if a complainant gives evidence without the public being present, representatives of news gathering or reporting organisations should be able to remain in court in order to report on the trial.

Welcoming the recommendation, Dawn Alford, Executive Director of the Society said that journalists play an essential role in helping the public understand and scrutinise the courts system and that open justice is essential for both public confidence in the judicial process as well as the reporting of sexual offence cases more generally.

She added: “The Law Commission’s report rightly recognises that open justice is a fundamental principle in criminal trials and that media reporting plays a vital role in public understanding and confidence in the judicial process.

“Media reporting not only acts as the ‘eyes and ears’ for the public but, by being present in court, journalists can properly scrutinise proceedings and the cross-examination of witnesses as well as the treatment of complainants by advocates.

“In order for justice to be done, it must also be seen to be done and media reporting not only enhances public understanding of the courts process but also the confidence of victims to report sexual offences more generally.”

The Law Commission’s report comes after the government tasked the commission with examining trial process and to consider the law, guidance and practice relating to the use of evidence in prosecutions of sexual offences.

The full list of recommendations and report can be found here.