Anyone who uses smart glasses to record court hearings without permission could face contempt proceedings, the Courts Service has said.
The devices are not banned from court buildings but instead are subject to the same recording restrictions as mobile phones and other electronic equipment.
Records released under Freedom of Information show the risk of covert recording using smart glasses was discussed between a judge and the Courts Service CEO Angela Denning last year.
In an email, Ms Denning said the only actual courthouse ban of the devices she could find was in the US state of Wisconsin.
She said courts worldwide had instead “taken the same approach as to mobile phones which can also record but are not banned.”
“The recording is prohibited rather than the phone,” Ms Denning said.
She said Meta, which created the best-known brand of smart glasses, had an indicator which lights up when they are recording.
This, she said, was added in response to “Data Protection Commission concerns.”
Ms Denning also referred to a court case in Canada where the jury was dismissed in a sexual assault case leaving the trial to continue only with a judge.
She said jurors had to “run the gauntlet through protestors and various allegations of jury tampering.”
Police also launched an investigation after one man wore smart glasses inside the courtroom, but that case was closed with no charges brought.
However, in her May 2025 email, the Courts Service CEO said she believed existing court directions clearly covered the use of smart glasses.
The directions made clear no person other than the Courts Service, or a person acting on their behalf, could make a recording of proceedings without permission from a judge.
In addition, court rules restricted the recording of cases “other than by the taking of written or shorthand notes.”
Responding to her, an unnamed judge wrote: “Very helpful.” The judge’s name was redacted from the records.
Asked about the discussions, a Courts Service spokesman said smart glasses were generally seen like other technology that could record what a user sees or hears.
“They are subject to the same rules as people using audio or video recording equipment,” he said.
The spokesman said there had been no incidents or complaints involving the use of smart glasses yet.
“The Courts Service remains vigilant to modern technology and its use for good, and potential misuse,” he said.
“We understand the current rules and practice directions are encompassing of the misuse of such glasses, and such actions could lead to the court being informed of same and possible contempt proceedings against the user,” he added.
Reporting by Ken Foxe
