Law Weblog

Jurors not allowed to research internet or social networking sites

Thursday 15 July 2010 at 3:46 pm | In News | Post Comment Lord Justice Judge Lord Justice Judge issued new guidance at the Court of Appeal, about jurors in criminal trials using the internet. Sitting with Lord Justice Hughes and Mr Justice Bean, he said: “We recommend a direction in which the principle is explained not in terms which imply that the judge is making a polite request, but that he is giving an order necessary for the fair conduct of the trial,” he said.

He said using the material to help make decisions could result in a conviction being quashed; this includes research and discussions on social networking sites.

Lord Judge made his comments in a judgement relating to six appeals in which there had been allegations of jury irregularities.

“Research of this kind may affect their decision, whether consciously or unconsciously, yet at the same time neither side at trial will know what consideration might be entering into their deliberations and will therefore not be able to address arguments about it.

“This would represent a departure from the basic principle which requires that the defendant be tried on the evidence admitted and heard by them in court,” he said.

However, Lord Judge stressed that most trials continued without the inclusion of “extraneous material” and said: “Allegations of this kind rarely trouble the Court of Appeal.”