Access To Court Audio Recordings: Necessity, Notice And Restrictions On Use

What You Need to Know

The Irish Supreme Court¹ has clarified the legal test to apply when a non-party to proceedings seeks access to the Court Service's digital audio recording (the "DAR") of those proceedings. An applicant must demonstrate by evidence that access to the DAR is "necessary in the interests of justice", meaning a legitimate purpose connected with the administration of justice and not mere curiosity, and that information of the same quality cannot be obtained elsewhere.

Examples of such a purpose include the further prosecution of existing proceedings or an appeal, and for use in other related proceedings (e.g., to cross-examine a witness on a prior statement). The court also addressed the related questions of who should be notified of an application to access the DAR and the restrictions that may be imposed on an applicant's use of the accessed DAR. The decision provides welcome clarity for parties and practitioners.