Day 157 - 18 Jul 95 - Page 02

     
     1                                      Tuesday, 18th July 1995.
     2
     3   MR. MORRIS:  We are a little bit late because the trains were a
     4        bit unreliable.
     5
     6        Before we start, we would like to apply to record the
     7        proceedings with the tape recorder which we brought in for
     8        that purpose.  This is if there should be any possibility
     9        that we will not get a transcript of the day's hearing.  It
    10        is not a substitute for the transcript, obviously, but it
    11        is some kind of record.
    12
    13        If I could take the court to the White Book, I think it is
    14        Volume 2.  It is the one that is paragraph 5925 on page
    15        1806.
    16
    17   MR. JUSTICE BELL:  Yes.
    18
    19   MR. RAMPTON:  My Lord, it is section 9 of the Contempt of Court
    20        Act 1981, which is paragraph 5924.  The Practice Direction
    21        is at 5925.
    22
    23   MR. MORRIS:  5925:  "Use of tape recorders in court" - Practice
    24        Direction, section or paragraph 2 of that:  "The discretion
    25        given to the court to grant, withhold or withdraw leave"
    26         -----
    27
    28   MR. JUSTICE BELL:  You had better read the relevant parts of the
    29        section.  I have read it before, but I need to be taken
    30        through it again.
    31
    32   MR. MORRIS:  Yes.
    33
    34   MR. JUSTICE BELL:  9(1)(a) to start with, why do you not read
    35        that?
    36
    37   MR. MORRIS:  "(1) Subject to subsection (4) below, it is a
    38        contempt of court-
    39
    40             (a) to use in court, or bring into court for
              use, any tape recorder or other instrument for
    42             recording sound, except with the leave of the
    43             court".
    44
    45        We are going to come back to this later on regarding our
    46        application about transcripts, but the specific -- point
    47        (2):
    48
    49             "Leave under paragraph (a) of subsection (1) may
    50             be granted or refused at the discretion of the 
    51             court, and if granted may be granted subject to 
    52             such conditions as the court thinks proper with 
    53             respect to the use of any recording made
    54             pursuant to the leave".
    55
    56   MR. JUSTICE BELL:  Let me read the note.  Yes.
    57
    58   MR. MORRIS:  Have you read the Practice Direction?
    59
    60   MR. JUSTICE BELL:  Yes.  I have read that before as well but