Schedule 2 - Standard conditions for photographs

1. The photographer must be situated in a position approved by the Judge.

2. Any person wishing to instruct the photographer during a court session must sit next to the photographer and must give any instructions as unobtrusively as possible and in such a manner as not to interfere in any way with the running of the trial.

3. While the Judge is sitting in court for chambers or in closed court, photographs must not be taken.

4. No juror may be deliberately photographed and no photograph published may show the jury or a juror.

5. Members of the public attending the trial must not be photographed in any way that could lead to their identification.

6. Counsel’s papers must not be photographed.

7. Exhibits must not be photographed without leave of the Judge.

8. Subject to any protection granted to the defendant as a witness under guideline 11 or 12, the defendant may be photographed only:

  1. when giving evidence; or
  2. when sitting in the dock for the first 15 minutes of any sitting day, but not when, during that period, a verdict is being taken or a sentencing is underway; or
  3. at any time during the trial, including the time when the jury is taking a view or delivering its verdict, if the defendant consents in writing through his or her counsel or in person and the Judge does not prohibit such photographing; or
  4. during sentencing, if the Judge grants leave.

9. Filming of any party, witness, counsel or the Judge must not involve a close-up showing less than the head and neck of the person photographed, and must not focus on any particular feature of the person being filmed such as fingers, hands, mouth or eyes.

10. No photographs may be taken in court when the Judge is not present, except with prior leave of the Judge.

11. The media applicant and representatives of the media applicant must at all times conduct themselves in court with courtesy and decorum.

12. While the trial continues, photographs taken must not be used other than in the print media or website nominated in the application form. They cannot be made available to third parties without the Court’s permission.

13. Once the trial is over photographs may not be used, except by the applicant who received permission to photograph. Any other use can only be with the Court’s permission.

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