Day 157 - 18 Jul 95 - Page 03
1 I have reminded myself of it.
2
3 MR. MORRIS: If we go to Millers Contempt of Court. I believe
4 that Mr. Riley had ascertained a copy of that for the
5 court. It is the second edition 1990; it is page 131.
6
7 MR. JUSTICE BELL: Yes.
8
9 MR. MORRIS: On page 131 regarding the subject which is dealt
10 with in the Practice Direction, in any event, which we have
11 looked at, there is a quote from the then Attorney General,
12 Sir Michael Havers, at the bottom of that page and it says:
13
14
15 "The Attorney General, Sir Michael Havers,
16 although alert to the difficulties was not
17 unsympathetic saying: 'I emphasise there is no
18 question of intending to suppress the use of
19 tape recorders. There is no objection to the
20 principle to it. I have made it clear that
21 I believe that there are many occasions when
22 counsel, solicitors, the parties and certain
23 members of the public with an interest in the
24 action or proceedings should properly be allowed
25 to use tape recorders. I hope that the courts
26 will be flexible, particularly if there is no
27 official note of the proceedings. For example,
28 County Courts, Magistrates' Courts, coroner's
29 courts, and on those occasions lawyers often
30 appear alone and there is no one to take a note
31 for them. Tape recorders are also helpful for
32 recording a judgment in the county court'."
33
34 Then it goes on saying that this lack of objection in
35 principle is being reiterated in a Home Office Circular
36 issued for the guidance of magistrates. It does not print
37 the Circular, but it refers to it in note 3, 26th August
38 1981.
39
40 I do not know if I need to continue. That is the, sort of,
41 main drift of our application. If there is an objection to
42 it, then I may wish -----
43
44 MR. JUSTICE BELL: I think you ought to tell me, if you were
45 granted leave, just what would be involved, because when we
46 are in court here basically people are talking,
47 essentially, from four different parts of the court. If
48 evidence is being given there is someone in the witness
49 box; you or Ms. Steel may say something from your side of
50 the court, Mr. Rampton or Mr. Atkinson from their side, and
51 I may say something from up here.
52
53 MR. MORRIS: Yes. Really, this is just an application for
54 today. We make absolutely no bones that it is no way a
55 substitute for transcripts or even five per cent as useful
56 as transcripts, but because today is an important legal
57 application we felt it was essential to have a tape
58 recording. If, at the end of the day, we do not get a
59 transcript -- obviously we are fairly confident in our
60 application today -- but if there is a danger that we will
