Open Courts
Based on the content of the common law, open courts is one of the ways to fulfil open justice. Publicity is an essential indication for open court concept. According to Baylis (1991), one of the most important concepts of justice is ‘justice must to be seen to be done'. Generating accessibility to participate in the court process can improve justice. Open court with public hearing is to ensure the enforcement of integrity within the law, the honesty of the evidence, and the information conveying to the public. (The principle of open justice)Publicity of courts trials can also lead to the trust and accountability of public. Rinehart v Welker [2011] NSWCA 403 at [32] (Bathurst CJ and McColl JA), citing Scott v Scott [1913] AC 417 (at 463)
Why are some courts closed to the public, that is, held in camera?
Some courts hearing proceedings closed to the public are based on the reason of privacy and protection the interest of the parties, especially the vulnerable witness and victims. For example, the hearings of sex offences in which participants are children or teenagers less than eighteen years old are held in camera. Besides, with another case such as marriage annulment which is concerning sexual abuse, the proceedings are also held in camera. Furthermore, there are cases such as terrorism and child pornography are also …show more content…
The public can implement their civil rights by hearing in the court. It is people that grant the government the power to fulfil the justice. If the public can not see the proceeding, people cannot know what is happening during the trials. That is, the suspicion may rise out of the public and people may not trust jurisdiction anymore. As the saying goes, ‘Justice must to be seen to be done'. Therefore, it is about the social contract between people and the government and people have the rights to participate in the court
Based on the content of the common law, open courts is one of the ways to fulfil open justice. Publicity is an essential indication for open court concept. According to Baylis (1991), one of the most important concepts of justice is ‘justice must to be seen to be done'. Generating accessibility to participate in the court process can improve justice. Open court with public hearing is to ensure the enforcement of integrity within the law, the honesty of the evidence, and the information conveying to the public. (The principle of open justice)Publicity of courts trials can also lead to the trust and accountability of public. Rinehart v Welker [2011] NSWCA 403 at [32] (Bathurst CJ and McColl JA), citing Scott v Scott [1913] AC 417 (at 463)
Why are some courts closed to the public, that is, held in camera?
Some courts hearing proceedings closed to the public are based on the reason of privacy and protection the interest of the parties, especially the vulnerable witness and victims. For example, the hearings of sex offences in which participants are children or teenagers less than eighteen years old are held in camera. Besides, with another case such as marriage annulment which is concerning sexual abuse, the proceedings are also held in camera. Furthermore, there are cases such as terrorism and child pornography are also …show more content…
The public can implement their civil rights by hearing in the court. It is people that grant the government the power to fulfil the justice. If the public can not see the proceeding, people cannot know what is happening during the trials. That is, the suspicion may rise out of the public and people may not trust jurisdiction anymore. As the saying goes, ‘Justice must to be seen to be done'. Therefore, it is about the social contract between people and the government and people have the rights to participate in the court