Assange -v- Government of the United States of America

High CourtKing's Bench DivisionJudgmentTransmission Direction Order

Case Number: AC-2022-LON-001745 and 1746

In The High Court Of Justice
King’s Bench Division
Divisional Court

16 February 2024

Before:
President of the King’s Bench Division and Mr Justice Johnson

Between:
Julian Paul Assange
-v-
Government of the United States of America
-and-
Secretary of State for the Home Department
(Interested party)

Order

UPON the court’s order dated 1st February 2024
AND UPON the court receiving more than 300 requests to attend the hearing on 20 and 21 February 2024 (“the hearing”) by video link, and also receiving requests to attend the hearing in person

It is ordered that:

  1. The court’s decisions, and reasons, in respect of each individual request to attend the hearing by video link are set out in a confidential schedule to this order.
  2. Each individual who has requested to attend the hearing shall be informed of the court’s decision, and reasons, in respect of their individual request.
  3. The schedule to the order shall not otherwise be disclosed without further order of the court.
  4. HMCTS shall allow access to the courtroom, and overflow courtroom, and, in the event of insufficient capacity, shall allocate seats in accordance with its established practices.
  5. Each person who has sought in person access to the courtroom, but has also sought remote access in the event that (for reasons of courtroom capacity) they are not able to access the courtroom has been granted permission to observe the proceedings by remote link. That does not prevent any such person from attending the hearing in person if they are able to do so.
  6. The court will not consider any further applications for remote access to the proceedings unless (1) such application is made by way of written application, (2) with payment of the requisite application fee, (3) it sets out the reasons why the application was not made in accordance with the court’s timetable, (4) it gives reasons why it is in the interests of justice to grant the application notwithstanding that it was not made in accordance with the court’s timetable, and (5) the court has capacity to consider the application.
  7. Any person who is given permission to attend the hearing by remote link pursuant to paragraph 2 above may observe the proceedings by way of an audio-visual link.
  8. All those who are provided with a link to observe the proceedings shall be provided with a copy of this order.
  9. Each such observer shall ensure that nobody else is able to hear or view the proceedings via the link unless that person has first identified themselves to the court and has been provided with permission by the court to view the link.
  10. Each observer may only access the link from within England and Wales unless the observer has been given permission, in writing, by a member of HMCTS staff (which permission shall only be given on the court’s direction) to observe the proceedings from outside England and Wales (in which case they may only access the link from that location).
  11. Each observer shall, as a condition of continued access:
    (a) keep their camera turned off, and ensure that they are muted (unless instructed otherwise)
    (b) conduct themselves appropriately and in particular in accordance with any instructions of the judges and/or court staff for persons observing the proceedings (remembering that they will be treated as if they were physically present in the courtroom)
    (c) not use the “chat” functionality of the link.
  12. Transmission via the link is dependent on the link being activated at least 5 minutes before the proceedings start, so that information may be provided by the court staff before proceedings start.
  13. HMCTS will take all reasonable steps to ensure that the remote links remain operational and functional during the hearing. In the event that the links cannot be maintained, that will not be a reason to stop the hearing.
  14. This direction may be varied or revoked at any time and without notice by further direction of the court.
  15. Any party who wishes to vary or set aside this direction may do so on written application.
  16. Costs in the case.
    Important note: See the attached rules for those who observe proceedings remotely. If you do not obey the rules then that might amount to a criminal offence or a contempt of court which may be punished by imprisonment.
    GDPR: Your personal data will be processed for the purposes of facilitating your attendance at the hearing, ensuring that the proceedings are conducted without disruption, and enforcing the applicable laws and directions, including those requiring orderly behaviour during proceedings, prohibiting live text-based communication from court, and the making of audio-visual recordings. They will not be used for any other purposes, and will not be kept on file for longer than is necessary for those purposes.

Reasons:

(A) The hearing has generated a large amount of interest, including international interest. Many requests have been made for attendance from within the UK and from abroad.

(B) HMCTS have made arrangements for an overflow court, which will have a livelink from the courtroom, so as to enable as many people as possible to attend the hearing in person. Seats will be allocated by HMCTS in accordance with its established practices.

(C) The court has considered each individual request for attendance by remote access.

(D) In respect of each request made by an individual who will be in England and Wales, the court has considered that it is in the interests of justice, having regard to the open justice principle and the court’s technological capacity, to grant the request.

(E) In respect of each request made by an individual who is not in England and Wales, the court has taken account of the open justice principle and the international interest in the proceedings, including in particular from Australia (given that the appellant is a national of Australia) and from the United States of America (given that the respondent is the Government of the USA). The court has also had regard to the numbers of journalists who will be able to attend the court in person and who will be able to attend by remote link from within England and Wales. The court has also had regard to the information provided by each person requesting access, including any reasons as to why it is said to be in the interests of justice to permit remote attendance. The court has, (save where it has otherwise stated), concluded that it would not be in the interests of justice to permit attendance from outside England and Wales. That is because it is satisfied that the open justice principle has been fully reflected by the access that has been provided which will include journalists from England and Wales and Australia and the USA (and elsewhere), and because the court does not have jurisdiction to enforce its order outside England and Wales.

(F) Each person requesting access is to be informed of the court’s decision and (where the decision is to refuse access) the reasons for that decision. Otherwise, the schedule to this order is to remain confidential in order to protect the privacy of those who have requested access to the proceedings.

(G) It is not in the interests of justice to consider further requests for remote attendance unless those requests are made in accordance with paragraph 6 of this order.

Dated this 16th day of February 2024