Consultation: Revised Media Protocol and new supporting User Guidance
This consultation invites views on the draft joint Media Protocol and User Guidance which have been developed to replace the current Protocol; “Publicity and the Criminal Justice System”.
The existing joint protocol was agreed in 2005 by Chief Police Officers, Chief Crown Prosecutors and the media and sets out principles for engagement with the media, specifically the approach for providing media access to prosecution materials.
In 2019 work began alongside police partners, media representative bodies, legal directors from media, and interested stakeholders such as victims groups, to review and update the protocol to take account of:
- legislative changes, such as UK GDPR;
- relevant case law,
- policy developments, such as the Victims' Code; and
- the changing media landscape, including the significant increase in demands for digital content.
The consensus was that the protocol had been successful in driving greater transparency and supporting open justice and that its fundamental principles should be retained, However, engagement with stakeholders identified a range of policy and practical issues. It was agreed that as well as updating the protocol itself, central guidance would assist all parties to comply while not breaching other legal duties or failing to meet the needs of victims.
Following work to review the protocol and address these issues, we are now seeking views on the drafts of the updated Media Protocol and new User Guidance. We are especially interested in the views of the key agencies involved in the application of the protocol, including policing partners, media representative bodies and media organisations, and victims groups. The views of other interested parties are also invited, and the draft documents are available here ANNEX A and ANNEX B.
Consultation content
The consultation seeks views on the following questions that relate to key objectives of the revised protocol and guidance:
- Do the revised protocol and guidance provide sufficient clarity over what is in scope of the protocol?
- Do the revised protocol and guidance provide sufficient clarity about how the protocol should be applied?
- Do the revised protocol and guidance take into account relevant legislative changes, policy developments and case law which have come into effect since the original protocol was published?
- Does the guidance provide sufficient clarity about the definition of ‘media’?
- Does the guidance provide sufficient detail about the grounds upon which requests for material might be refused?
- Do the protocol and guidance explain the considerations which will be given to the rights of victims and their families, and witnesses?
- Do you have any other feedback you wish to share around how the revised protocol and guidance could be improved?
How to respond
Please submit responses to this consultation to: [email protected].
Please include your name, organisation, postal address, telephone number and email address in any response.
Deadline
The deadline for responses is 5 March 2025.
Next steps
After the consultation closing date, we will consider every individual response received. A summary of the consultation responses will be published on the CPS website.
The updated protocol and user guidance will be finalised and agreed by the CPS, NPCC and media representative bodies and published on the CPS website.
We look forward to receiving your response.