Twitter and the internet subvert justice, says judge

Twitter users should not be allowed to comment on court cases and jurors who conduct research into crimes on the internet should face jail, according to the Lord Chief Justice, Lord Judge.

In a lecture published on Friday the country's most senior judge said that the internet posed a threat to the jury system and expressed concerns that campaigners could take to Twitter to try and influence the outcome of a court case.

Lord Judge said: "We cannot stop people tweeting, but if jurors look at such material, the risks to the fairness of the trial will be very serious, and ultimately the openness of the trial process on which we all rely would be damaged."

He added: "We welcome advances in technology, provided that we are its masters and it is our tool and servant."

His comments come after a case earlier this year in which a juror apparently posted messages on the social networking site Facebook about her deliberations in a trial, and was forced to explain herself to the judge.

Lord Judge also warned that jurors had to be told in no uncertain times not to research the cases they are hearing on the internet, and even suggested that doing so should be classified as contempt of court, which can lead to a jail sentence.

"I have to be blunt about this, but in my view if the jury system is to survive as the system for a fair trial in which we all believe and support, the misuse of the internet by jurors must stop," he said. "I think we must spell this out to them yet more clearly."

At present jurors are told that discussion of a case outside the jury room can be considered contempt of court but Lord Judge suggested that the warning be "extended to any form of reference to the internet".

He also suggested that sending texts and tweets from court buildings should be outlawed. At present it is illegal to use recording devices during court proceedings, and Lord Judge pondered: "Why is Twitter in the form of text-based transmission of material from court any different?"

His comments on the growing influence of the internet on legal proceedings come a week after an appeal by former accountant Paul Chambers against a conviction in May for sending "a menacing electronic communication" on Twitter was thrown out of court. ·