Everyday action could land you with two years in prison if done in court

An everyday action could land you with up to two years in prison if you decide to do it inside a courtroom. The simple action of just taking a photograph or video inside a courtroom or even inside the court building has the potential to result in a substantial prison sentence, fine or both.

The action falls under the offence of contempt of court, which happens when someone risks unfairly influencing a court case. It becomes contempt of court because it may stop somebody from getting a fair trial and can affect a trial's outcome. Other forms of contempt of court include disobeying or ignoring a court order; refusing to answer the court's questions if you're called as a witness; or publicly commenting on a court case, such as on social media, while a trial is ongoing.

The offence falls under section 41 of the Criminal Justice Act 1925 which prohibits taking photographs inside the courtroom or precinct. Exceptions to the near 100 year law have been made in recent years with millions of viewers being able to tune in to crown courts around the country to watch a judge's sentencing remarks.

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The recent measures only allow for the judge to be filmed during sentencing remarks to protect the privacy of victims, witnesses and jurors. The introduction of sentencing broadcasts was brought in as part of a bid to further boost public understanding of how justice is delivered in England and Wales.

Authorised broadcasters such as Sky, BBC and Press Association have broadcast sentencing remarks which have in turn been shared on the social media channels of local media organisations such as the ECHO. In recent years sentencing comments have been broadcasted from the cases of Thomas Cashman - the gun thug who shot dead schoolgirl Olivia Pratt-Korbel - and serial killer nurse Lucy Letby.

Despite this, taking a photograph or video in court could land someone in a lot of trouble. Recently career criminal Sam Walker was in hot water in Ireland when it emerged he was broadcasting on TikTok Live while in court to plead guilty to driving offences. A judge sentenced Walker to one month in prison but suspended it on the condition he does not re-offend in the next two years.