Summary: Julian Assange’s Appeal. The High Court of Justice, King’s Bench Division, has issued an order allowing individuals to observe the upcoming appeal by way of an audio-visual link. The court has outlined a detailed procedure for requesting permission to attend remotely, including specific requirements for the request and strict rules for observers. Late requests may be refused, and non-compliance with the rules may result in criminal consequences. The court anticipates interest from media and the public, but emphasizes the need to manage the process effectively. The court will consider requests from individuals outside England and Wales if in the interests of justice.
The High Court Of Justice
Assange -v- USA
Case Number: AC-2022-LON-001745
In The High Court Of Justice
King’s Bench Division
Divisional Court
12 June 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
Order
UPON the appellant’s appeal being listed on 9 and 10 July 2024
AND UPON the court anticipating requests to attend the hearing by video link It is ordered that:
1-Any person may, with the written permission of an employee of His Majesty’s Courts and Tribunals Service (“HMCTS”) (which shall only be granted after approval by the court), observe the proceedings by way of an audio-visual link.
2-Any person seeking such written permission (“a request for permission”) shall make the request in accordance with paragraphs 3-4 below by 2 pm on 28 June 2024 (“the deadline”).
3-Any person (“the applicant”) making a request for permission shall include in their request:
(a) the full name of the applicant;
(b) the email address of the applicant;
(c) information as to whether the applicant would be located within the jurisdiction of England and Wales at all times when attending the Hearing remotely (if a transmission direction were to be made); and, if not, details of the applicant’s location;
(d) any information the applicant wishes to provide in support of the request, including in particular any reason(s) why it is contended that making such a direction would be in the interests of justice; and
(e) a statement by the applicant in the following terms:
“I agree and undertake to the Court that, if permitted to attend the Hearing remotely, I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so may be an offence and/or contempt of court, punishable by imprisonment and/or a fine. I will abide by any directions given to me by the Court during the Hearing.
I agree and undertake to the Court that I will not provide the link that I am given to access the Hearing to any other person.”
4-A request for permission shall be used by completing this form: HERE
5-A request for permission that is made after the deadline must (unless otherwise agreed in writing with an employee of HMCTS) be made by written application, with payment of the applicable application fee, and must explain the reasons why it was not made before the deadline imposed by this order.
6- A request for permission that is not made by the deadline imposed by this Order and/or does not comply with paragraph 3 of this Order may not be considered and/or may be refused for that reason alone.
7-All those who are provided with a link to observe the proceedings shall be provided with a copy of this order.
8-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.
9-Each observer may only access the link from within England and Wales unless the observer has been given permission, in writing, by an HMCTS employee staff to observe the proceedings from outside England and Wales (in which case they may only access the link from that location). Permission to observe the proceedings from outside England and Wales shall only be granted by an HMCTS employee if approved by the court.
10-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).
11-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.
12-This direction may be varied or revoked at any time and without notice by further direction of the court.
13-Any party who wishes to vary or set aside this direction may do so on written application.
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.
Reasons:
(A) The Court anticipates that there is likely to be interest from media representatives and members of the public in attending remotely the hearing that is listed on 9 and 10 July 2024. To manage the process, we have set out a procedure whereby anyone who wishes to attend the hearing remotely can make a transmission direction request.
(B) The court will not normally grant a transmission direction request in respect of an applicant who will not be in England and Wales during the Hearing. Anyone making a transmission direction request who will not be in England and Wales should provide information (pursuant to paragraph 3(d) above) as to why it would nevertheless be in the interests of justice to make a transmission direction order in his/her case.
(C) Late requests, because they cause disruption to the Court’s work are likely to be refused, unless there are compelling reasons why the applicant was unable to comply with the Court’s directions.
Dated this 12th day of June 2024
Approved by Mr Justice Johnson.