Practice Direction No. 6 of 2022 - Public Access to Criminal Courts

1. Open justice and the transparency of the legal process are fundamental tenets of the Cayman legal system. Public access in respect of criminal proceedings is an aspect of and administered in accordance with this open justice principle; however, it is subject to limitations as recognised in law. The courts have inherent jurisdiction to determine how the principle should be applied in particular cases.

2. Fair and accurate reporting of proceedings is encouraged as integral to the Rule of Law and the Courts will continue to have regard to the open justice principle in considering the use of technology and access by the media.

3. Where a representative of the media requests access to material referred to in a court proceeding, there is a presumption in favour of providing access, in recognition of the role of the press as 'public watchdog' in a democratic society. The purpose of media access is to enable the public to understand and scrutinise the justice system

4. The presumption in favour of granting access does not mean that representatives of the media are 'entitled to disclosure', or that it should take place 'by default'. Not all documents need or may be provided. The assigned or sitting Judge or Magistrate ("the Appropriate Judicial Officer") may refuse access where there are compelling reasons against it. The presumption of providing access is capable of rebuttal for good and justifiable countervailing reason. Each decision must be reached on a case-by-case and document-by-document basis.

MEDIA REPRESENTATIVES

5. For the purposes of this Practice Direction, a representative of the media is a registrant on the Courts Media Register (a "Registrant") or such other person as a Judge or Magistrate may, in his or her discretion, grant temporary recognition as a representative of a media outlet.

Published: 26 October 2022

Publication Type: Guide

Last updated:

Category: 2022, Guide, Office of Director of Public Prosecutions (ODPP)