Media Protocol - Criminal Cases

Introduction 

1. It is an important feature of our criminal justice system that it is normally administered in public and is open to public scrutiny. Transparency under the open justice principle improves the quality of justice, enhances public understanding and thereby public confidence in the criminal justice system.  
2. The media plays an important role in ensuring the people of Jersey and beyond know what is happening in our criminal justice system and can see justice being served in Jersey. Openness in the reporting of criminal proceedings by ensuring appropriate access by the media to all relevant material wherever possible, at the earliest appropriate opportunity enables the media to play its vital role in furthering open justice. 
3. This protocol which will apply to criminal matters heard before all Courts, including the Youth Court, will ensure the overriding objective of demonstrating open justice is maintained and applied in all reporting of criminal proceedings by the media.  

General principles 

4. The general rule is that the administration of justice must be done in public. The public and the media have the right to attend all criminal Court hearings, and the media to fully and contemporaneously report on proceedings.  
5. Any restrictions on the right to attend and report on proceedings will be exceptional in their occurrence and must be based on necessity.  
6. This protocol is to manage requests for prosecution information or material made by authorised media outlets, as defined in Royal Court Practice Direction RC 25/01, (the “media”) to the States of Jersey Police (the “SoJP”), the Law Officers’ Department (the “LOD”) or the Courts for the purposes of reporting criminal proceedings held in open Court as soon as practicable after publication is permitted.  
7. It is not intended to cover other media requests for information such as non-contemporaneous requests for material for documentaries, or requests for material from those other than the media. Such requests will be considered separately by the SoJP, the LOD and the Courts as they arise and on a case-by-case basis.  
8. Requests for information or material will only be considered if received from authorised media outlets. 
9. Effective cooperation between all parties is key to meeting the shared goal of open justice. SoJP and LOD will work collaboratively to expedite the media’s access to information about criminal proceedings. In order to facilitate the practicalities of doing so the media will assist by ensuring requests for information and material are timely, targeted in nature and directed to the legitimate holder of the material (see paras 18 – 23 below). 
10. It is the responsibility of the requesting media outlets to ensure that they comply with their legal obligations, including relevant applicable reporting restrictions, to any information and all material provided under this protocol. It is the media outlet’s responsibility to seek their own independent legal advice in that regard and legal advice in relation to the use of information and material will not be provided by the Courts or the LOD.  
11. Material or information provided to one media outlet will be available to all media outlets to ensure an open, fair and transparent process. Material or information will not be provided on an exclusive basis. 

Media access to material relied on in prosecutions 

12. In pursuance of open justice, material relied on by the prosecution in open Court should normally be provided to the media if requested. Material used in open Court includes: 
    1. material read out, played or displayed in open Court such as: 
       1. maps and other diagrams; 
       2. still and moving images of the defendant(s) including custody images; 
       3. still and moving images of scenes of crime recorded by police;
       4. still and moving images of crime reconstruction;
       5. still and moving images of items exhibited in Court eg weapons, clothing, stolen goods, drug hauls; 
       6. sections of transcripts of interviews and statements read out in Court; 
       7. relevant social media content such as messages and posts illustrating or referring to the offence. 
    2. material placed before a judge, jurat and/or jury and referred to in open Court: 
       1. indictment; 
       2. summary of facts; 
       3. opening notes;
       4. admissions;
       5. conclusions.
13. Material or information may be withheld or have its provision delayed where there is a strong legitimate interest to do so. This ensures that the balance between open justice and other interests are properly considered and a full assessment made as to whether there are sufficiently strong reasons to justify departing from the open justice principle.  Examples of legitimate interests include but are not limited to: 
    1. the interests of justice; 
    2. the interests of victims, witnesses and their families including the impact on their safety or the distress provision may have on or cause them; 
    3. the interests of defendants; 
    4. reporting restrictions;
    5. Human Rights Law considerations relating to those involved and unconnected to the case identifiable in the material, or from the information; 
    6. the interests of States of Jersey security; 
    7. Public Interest Immunity applicability.
14. Material which may require such consideration notwithstanding having been referred to or relied upon in open Court will include, but is not limited to: 
    1. still and moving images showing the victim(s); 
    2. video and audio recordings of police interviews with defendants, victims and witnesses;
    3. statements of victims and witnesses; 
    4. audio of 999 calls.
15. Material shown or referred to during the prosecution opening speech is NOT material which has been formally adduced in evidence. Any such material will not be provided unless and until it is either adduced into evidence or a decision has been made to withhold or delay release of that material. 
16. Where a guilty plea is accepted and the matter does not proceed to trial, the same approach will be taken. Subject to the individual circumstances of the case, only material informing the decision of the Court, which reflects the prosecution case and has been read out, shown in open Court or placed before the sentencing judge will be released. 
17. Any decision not to provide information or material requested by the media under this protocol will be explained by SoJP, LOD or the Courts.  

Requesting and provision of material 

18. Full postal addresses of defendants, victims and witnesses will not be provided although the parish of residence will be to prevent inadvertent misidentification of individuals as a consequence of media reporting. 
19. Neither SoJP, LOD or the Courts have an obligation to release defence material to the media. The media should contact defence representatives directly should they wish to have access to such material. 
20. The SoJP is the legal copyright holder of custody photographs. Unless relied on in open Court by the prosecution all requests for custody photographs must be made to SoJP press office. 
21. The Court is the holder of the official record of any hearing which takes, or is due to take, place. The official record will include:
    1. the date, time and place of completed, and forthcoming, hearings;
    2. the identity of the defendant(s) including name, date of birth and Parish;
    3. defence representative(s);
    4. the Court hearing the case;
    5. the counts or charges faced by the defendant(s);
    6. the plea(s) entered or finding reached by the deciding tribunal;
    7. decisions regarding remand status;
    8. identification of the judge or Magistrate presiding;
    9. sentence passed including ancillary orders;
    10. the existence or otherwise of reporting restrictions. 

Requests for that information should be addressed to the Court if required prior to the publication of the official record via the single point of contact.

22. Applications for judgments and official transcripts of Court proceedings should also be addressed to the Court via the single point of contact. 
23. Requests for information or material relied upon by the prosecution in the presentation of their case to the Court should be addressed to the LOD via the single point of contact. 

Press statements, interviews with individual legal advisers and media briefings 

24. The LOD does not routinely provide press statements or undertake proactive media briefings.  
25. Where the LOD identifies cases which are likely to be of particular Island-wide interest a decision may be taken to proactively provide a press statement upon either the entering of a guilty plea by all defendants involved or at the conclusion of the trial and/ or sentence.  
26. Legal Advisers within, or instructed by, the LOD will not provide interviews or statements to the media if contacted directly.  
27. Where the LOD identifies cases which are of significant impact on, and interest to, the people of Jersey, consideration will be given to holding a media briefing prior to commencement of any trial and/ or sentencing of that matter.  
28. In the event that a media briefing is proposed, they will be strictly controlled, and all information subject to embargo and release agreements. Such agreements will be necessary to ensure: 
    1. that no prejudice is caused to the trial or other aspects of the proceedings; 
    2. that the rights under Article 6 of the European Convention on Human Rights are upheld; 
    3. that any ancillary or linked investigations or proceedings are not impacted upon; 
    4. that victims’ and witnesses’ rights are protected. 
29. Decisions as to whether the LOD issues press statements, holds interviews or or press briefings remain at all times that of the LOD. 

Contact Details for SoJP, LOD and the Courts 

30. All requests for information should be sent in accordance with paras 20-23 to the respective email address as below: 

Courts media contact: jgreffe@courts.je 

LOD media contact for criminal cases: LOFCriminalDivisionAdmin@lawofficers.je 

SoJP media contact: pressoffice@jersey.police.je  

Issued: 24 August 2026