*/
The use of smartphones and social media pose a risk to jury trials that cannot be completely overcome, a Court of Appeal judge warned.
Giving a lecture at the Criminal Bar Association’s annual conference, Lord Justice Singh stressed that juries are a ‘fundamental feature’ of our system for trying serious criminal cases, and ‘juries take their task very seriously and value the responsibility and trust which are vested in them’.
But, he said, with the use of IT by members of the public in a jury trial ‘occasionally something can go wrong’.
‘These days a smartphone can do so many things that were undreamt of even a few years ago; and can do so almost instantaneously,’ he said. Singh LJ recalled an incident during a murder he had tried at Lewes in 2013 when his ruling rejecting a submission of no case to answer against one of two defendants had been circulated on social media by someone in the public gallery.
‘Thankfully it was possible to have this material removed quite quickly and no one suggested that any member of the jury had seen it,’ he said.
Singh LJ said: ‘One cannot emphasise enough the warning that the judge now gives to jurors at the start of a trial not to research the case on the internet, including the possibility of a contempt of court and penal sanctions being imposed.
‘But one cannot guarantee that there will never be problems when the use of smartphones is so quick and easy.’
The use of smartphones and social media pose a risk to jury trials that cannot be completely overcome, a Court of Appeal judge warned.
Giving a lecture at the Criminal Bar Association’s annual conference, Lord Justice Singh stressed that juries are a ‘fundamental feature’ of our system for trying serious criminal cases, and ‘juries take their task very seriously and value the responsibility and trust which are vested in them’.
But, he said, with the use of IT by members of the public in a jury trial ‘occasionally something can go wrong’.
‘These days a smartphone can do so many things that were undreamt of even a few years ago; and can do so almost instantaneously,’ he said. Singh LJ recalled an incident during a murder he had tried at Lewes in 2013 when his ruling rejecting a submission of no case to answer against one of two defendants had been circulated on social media by someone in the public gallery.
‘Thankfully it was possible to have this material removed quite quickly and no one suggested that any member of the jury had seen it,’ he said.
Singh LJ said: ‘One cannot emphasise enough the warning that the judge now gives to jurors at the start of a trial not to research the case on the internet, including the possibility of a contempt of court and penal sanctions being imposed.
‘But one cannot guarantee that there will never be problems when the use of smartphones is so quick and easy.’
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
Responding to criticism on the narrow profile of government-instructed counsel, Mel Nebhrajani CB describes the system-wide change at GLD to drive fairer distribution of work and broader development of talent
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
