I’ve been reading up on etiquette in the British Court system, particularly at the Old Bailey. I haven’t been able to find any reference to how a judge addresses a Prosecution Counsel or Defense Counsel during a trial. Are people sitting in the gallery forbidden to cheer/clap or otherwise comment during or after a trial?
You may want to check out https://www.oldbaileyonline.org/ with transcripts of thousands of cases.
The judge addresses counsel by name - Mr Smith, Ms Jones.
People in the public gallery may not cheer, clap or generally do anything by way of attracting attention or expressing opinions. They’ll be asked to leave if they do and, if they persist in misbehaving, they are at risk of being punished for contempt (though it would vary rarely come to that).
And in some instances it has caused the judge to declare a mistrial and discharge the jury.
Thanks UDS1 I have seen articles stating that people in the gallery do cheer. So far I haven’t read seen anything online stating that it’s forbidden, so thanks for the info on that. Interstingly, I did come across an article about the Old Bailey allowing sentencing to be televised.
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That interesting MK_VII. I’ll follow up on that.
A judge may choose to ignore expressions from the gallery, in particular in non-jury proceedings or at a point in proceedings where the jury has already completed its deliberations - it may be less disruptive to the proceedings to overlook them than to deal with them, and there is no chance of their influencing the jury. So they may be allowed in the sense that no action might be taken to restrain them, but they are not allowed in the sense that there is no right for the public to express their views; they can be restrained and/or punished for doing so.
It’s many years since I visited the Old Bailey to watch British justice in action, but this was my experience:
We were told by a very stern-looking bailiff as we entered the gallery that we were to remain very quiet and very still during our time as observers of the proceedings. No vocalizing, no clapping, not even any leaning over the rail to see what is directly below.
I’d be surprised to learn it has changed.
The Old Bailey has one tradition that any judge, of whatever rank, Magistrate, Distrcit, Circuit or High Court, is entitled to be referred as My Lord.