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5. General principles of the Court
 
  Article 31-Publicity of trial  
31.1 Publicity of trial  
  In principle, justice demands that all trials be in public- that is, are open to the scrutiny of the public, accountable to the public and not held in secret. In this regard, it remains a right of the public to know which persons, under what charges and at which Court(s) such matters will be heard.  
31.2 Protecting the rights of the accused  
  While the public has the right to know the operation of justice, the accused themselves have the right to a fair hearing. Therefore, it shall not be permitted to transmit direct images and/or video footage of the accused person without the identity of the person clearly obscured whilst they are before the Courts and awaiting plea and/or verdict.  
  A person who deliberately publishes a clearly identifiable image of the accused once they have been formally indicted, whether or not it is on behalf of a media organisation shall be guilty of contempt and liable on the discretion of the judge of the case to be charged with such a criminal offence.  
  Furthermore, any media person who broadcasts content regarding a criminal case before the Courts prior to a verdict in which they imply guilt and/or directly infer an appropriate sentence and/or other judgments, or mock the Court in any way shall be guilty of contempt and liable on the discretion of the judge of the case to be charged with such a criminal offence.  
31.3 Non comment by either legal counsel or the prosecution  
  In matters before the Criminal Courts, neither the prosecution nor legal counsel and/or assistants of either are permitted to make public comment or interview whilst the case remains open and before the Courts.  
  Any person who defies such non comment and deliberately and intentionally makes public comment and/or interview shall be guilty of contempt and liable on the discretion of the judge of the case to be charged with such a criminal offence.  
31.4 Closed court  
  Where a Court matter involves matters which are associated with violence and/or matters of security and social order and include the possibility of further violence by members of the public and/or associates of the accused, or that a credible threat on the life of the accused or any witnesses may exist, the judge may order the Court to be closed from all general members of the public. In such cases, a judge must give good reason for such proceedings not be broadcast.  
31.5 Broadcast court proceedings  
  Where a Court is closed by a judge for security/social order and/or where the level of public interest is such that it is impossible for those members of the public who wish to attend the Court proceedings to attend such proceedings, then by law the Judge must agree to such proceedings to be broadcast on video, in the interests of public disclosure.  
  Given the fundamental right of the general public to witness the proceedings of the Court, a judge must give good reason why such broadcasts would be against the interests of public justice.  
     
     
 
 

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