Information on accessing court, tribunal and prison service records

Researcher reviewing files

16 May 2008

Updated guidance for researchers on accessing court, tribunal and prison service records.

If you are carrying out research for an outside body (including other government agencies) that is not being funded by the Ministry of Justice, you need permission if that research involves:

  • seeking to view or copy court or tribunal data - including looking at files, documents and IT systems
  • work within the courts or tribunals
  • interviews with (or giving questionnaires to) court or tribunal staff, users, or members of the judiciary
  • utilising prison service records

You must get agreement from the relevant part of the Ministry of Justice before approaching the courts or offices you wish to include in your study.

Courts

The Data Access Panel in Her Majesty's Courts Service is responsible for granting permission for research in courts.

Telephone: 020 7340 6671

Email

Tribunals

If you wish to undertake research in tribunals you can apply for permission via the FAQ section of the Tribunals Service website:

 Tribunals Service

Prison Service

If you wish to use prison service records for research, you should follow the guidance on the Prison Service website:

 Prison Service

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Notes for applicants seeking access to court or tribunal records

Once your research details are finalised, you should apply for departmental permission from Her Majesty's Courts Service or the Tribunal Service, as appropriate.

You will be expected to supply full information on:

  • which courts or tribunals you are planning to work in, and over what period of time
  • how many case files (or other forms of court data) you plan to look at and how you plan to identify them
  • the court or tribunal work you plan to observe and why, your plan to achieve your research, and measures you could make to minimise inconvenience to those involved - including court staff
  • details of planned questionnaires and interviews - who you wish to approach and what questions you plan to ask

Looking at court and tribunal files

Court or tribunal staff are pressed for time, and extracting files, in order to meet Data Protection requirements, can take up significant amounts of time, so please consider these questions:

  • Are there any other sources from which you can get the same information?
    For instance - collections of statistics you could use, or other resources such as records at solicitors' firms or other legal service providers.
  • Can you identify the records you want to look at?
    You will be expected to provide case numbers for your sample as courts and tribunals are unlikely to have the resources to select case files without these. Inability to provide case numbers could adversely affect your access application.
  • Is the number of files you plan to look at reasonable and proportionate to the aims of your research?

Observation of court or tribunal processes

You are welcome to observe hearings in open court, like all members of the public. In other instances you will need special permission.

There are restrictions on the types of records that can be taken at hearings - for instance, audio recordings are banned in courts. You will probably have to consult with members of the judiciary involved before you start, and even then the parties to the case may object to your presence and observation may not be allowed.

Asking questions of court or tribunal users, staff or members of the judiciary

Judiciary

Consider whether you wish to use survey questionnaires or conduct interviews. In general, more senior members of the judiciary prefer to be interviewed, but you should be wary of expecting to take too much of their time. The Judicial Communications Office will consider all approaches for interviews or questionnaires involving the judiciary.

Court or tribunal users

There are various restrictions on the participation of court or tribunal users:

  • Court and tribunal staff cannot supply personal details of users.
    Usually, user participation is sought through invites sent by the courts - postage-paid letters provided by the researchers with departmentally-approved content, to be addressed and distributed by court or tribunal staff. Such exercises are a significant burden to courts and will factor into the decision on whether to permit access.
  • You should be aware of the sensitivity of talking to court or tribunal users.
    You are unlikely to get permission for anything that might cause distress.
  • You will not be able to communicate with juries.