X v. British Broadcasting Corporation & Anor

Against this background Lion entered into a contract with the Scottish Ministers acting through the Scottish Court Service ("the Lion Contract") in terms of which Lion was authorised to film the Documentary. That authorisation was conditional upon the terms and conditions of certain guidelines laid down by the Sheriff Principal of Glasgow and Strathkelvin ("the Guidelines"). The Guidelines were entitled "Guidelines for Filming Documentaries of Criminal Jury Trials". The Guidelines then provided:

"The following comprises a list of rules with which the Sheriff Principal of Glasgow and Strathkelvin would require Lion to comply in the recording of any proceedings in the Sheriff Courts of the Sheriffdom and in the use of any material which Lion have recorded for the purpose of a documentary programme."

Notwithstanding the title of the Guidelines, rule 12 clarified that the rules would apply to both solemn and summary criminal business and " mutatis mutandis " to the recording of civil proceedings. The Documentary is principally concerned with criminal proceedings.

"(1) The recording of proceedings in court at the trial will require the prior consent of the trial sheriff, and his consent will be subject to such conditions as he considers appropriate [subparagraphs (a) and (b) detailed information to be provided to the sheriff by Lion with regard to the nature of the proceedings which Lion wished to film and the lighting, cameras and microphones which they proposed to use.]

(c) In dealing with the above the [ sic ] trial the sheriff will have the right to satisfy himself that the recording of the proceedings will not interfere with the working of the court and that there will be no risk to the administration of justice.