This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover how criminal court proceedings are recorded and transcribed in England and Wales. This guide explains which hearings are recorded, how to request a transcript, court procedures, retention of audio recordings, costs, and access for appeals and solicitors.
Understanding how criminal hearings are recorded and transcribed is important for defendants, solicitors, journalists, researchers and members of the public who want clarity about official court records. In England and Wales, not all court proceedings are automatically transcribed, and the systems for recording and producing written transcripts operate under specific procedures, statutory frameworks and practical practices. This article explains when and how criminal proceedings are recorded, how transcripts are prepared, who can request them, time limits and limitations, and related considerations for appeals and public access.
Introduction
Court proceedings involve spoken evidence, submissions by lawyers, judicial rulings and sentencing remarks. An accurate record of what was said can be essential for appeals, legal research and transparency. In practice, criminal courts use a combination of audio recording systems and transcription by authorised providers to create written records of hearings. However, the availability of recordings and transcripts varies between courts and types of proceedings.
Which Criminal Proceedings Are Recorded?
Crown Court, High Court and County Court (Criminal Appeals)
Criminal hearings in the Crown Court, as well as proceedings in higher courts (such as the High Court and appellate courts), are automatically recorded using official audio systems. These recordings form the basis for any written transcript should one be requested.
Magistrates' Courts
Unlike the Crown Court, Magistrates' Court hearings are not formally recorded or transcribed as a matter of course. Although outcomes and formal orders are documented, the spoken content of hearings is not routinely captured for future transcription.
How Recordings Are Made
Official audio recording systems operate in Crown Court and other senior jurisdictions. These systems capture the spoken elements of the hearing - including witness evidence, counsel submissions and judicial rulings - but the raw recordings are not the same as a written transcript. Audio recordings are held by His Majesty's Courts and Tribunals Service (HMCTS) or authorised transcription contractors for a defined period.
Keep in mind that unauthorised recording or broadcasting of proceedings by court users or members of the public is prohibited and may constitute contempt of court, with limited exceptions for authorised media reporting.
Recorded audio is typically preserved for a set period (historically often around five years), after which it may be deleted or overwritten if no transcript has been commissioned.
Formal Transcription: Written Records of Hearings
What Is a Transcript?
A transcript is a written record of what was said during a hearing. It includes spoken words as captured in the official audio recordings and is prepared by an authorised transcription company contracted by HMCTS.
Applying for a Transcript
To obtain a transcript of a criminal hearing, an application must be made using Form EX107, available from the government's official guidance. Applicants specify the hearing, dates and sections required (such as opening, evidence, closing or sentencing remarks).
- The court processes the form, usually within two working days, and forwards the audio to an authorised transcription provider.
- Applicants can select a service level determining how quickly the written transcript is produced (ranging from overnight service to longer turnaround times).
- Judicial approval is required for certain parts of the transcript to be released, particularly where sensitive or confidential content is involved.
Costs and Fees
Transcripts are generally produced at the applicant's expense. Transcription costs vary by length, urgency, and type of content requested (for example, full hearing versus just evidence or sentencing remarks). The court or authorised transcription company will confirm the fee before producing the transcript.
Certain individuals, such as victims of serious crime or close family of deceased victims, may qualify for free access to transcripts of sentencing remarks or judgments in specified circumstances.
Limitations and Timeframes
Retention of Recordings
Audio recordings of criminal proceedings are not kept indefinitely. Historically, recordings and related logs for criminal proceedings are retained for around five years before they may be destroyed or reused, subject to record management policies. Once recordings are no longer stored, transcripts cannot be produced.
Magistrates' Court Proceedings
Since Magistrates' Courts do not routinely record hearings, written transcripts cannot be produced for these proceedings unless a specific arrangement has been made (which is rare).
Judges' Order and Confidentiality
A judge may refuse or limit access to audio recordings or transcripts for privacy, confidentiality or legal restriction reasons. Some sensitive hearings may be excluded from recording or transcription entirely.
Use of Transcripts
Appeals
One of the primary uses of court transcripts is for criminal appeals. Appellate courts often require an accurate written record of what transpired at trial to assess alleged errors in law or fact. Written transcripts are therefore an important part of the appeals process.
Legal Research and Reporting
Transcripts can be vital for lawyers preparing submissions, researchers analysing legal issues, and journalists covering court proceedings. However, because transcripts must be formally requested and are not always free, preparation and access require planning.
Media and Public Access
Members of the press may report proceedings from the official public gallery, but are subject to strict rules against unauthorised recording or broadcasting. Official systems for court reporting (text‑based or audiovisual) are governed by separate guidance.
Common Questions
Can anyone request a transcript?
Yes, individuals with permission from the court - including parties to the proceedings and, in some cases, non‑parties - can apply for transcripts using Form EX107.
Can I get a transcript for free?
Only in limited circumstances, such as eligibility linked to serious crime victims or where the law provides specific entitlement for sentencing remarks. Otherwise, transcripts are paid services.
Are transcripts published online?
Routine publication of full criminal trial transcripts is not standard. Some judgments and sentencing remarks are published via official sources such as the National Archives and judiciary websites, but complete trial records are not generally publicly available without request.
Key Takeaways
- Criminal hearings in Crown Court and senior courts are recorded with official audio systems; Magistrates' Court hearings are not routinely recorded.
- Recordings are stored for a defined period, after which they may be unavailable for transcription if not requested.
- Written transcripts must be requested using government Form EX107 and are usually prepared by authorised transcription companies at the applicant's expense.
- Judges have discretion to approve or restrict access to recordings and transcripts, especially for sensitive proceedings.
- Transcripts are most commonly used for appeals, legal research and formal review of court processes.
