The principle of open justice is satisfied if persons are free to attend court and report on proceedings without restriction; it does not require unconditional provision of court exhibits to non-parties. The principle is a means to an end — maintaining public confidence in the integrity and independence of the courts — not an end in itself. Courts exercising discretion to impose conditions on access to exhibits under r 41 need only have regard to all relevant circumstances; there is no additional requirement derived from open justice that conditions be 'exceptional and as narrow as reasonably necessary'. Section 171(4)(c) of the Criminal Procedure Act 2004 (WA) provides an unequivocal indication that protecting the identities of crime victims can be in the interests of justice.
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