Twitter avoids ban from courtroom

The country’s top judge has ruled that Twitter can continue to be used in courtrooms.

Lord Chief Justice Lord Judge said users would need the judge’s permission first, but added that the micro-blogging website was “unlikely to interfere with the administration of justice”.

However, Lord Judge warned that Twitter could be banned in criminal trials, amid fears that witnesses outside the courtroom could find out what is being said inside before being called to give evidence. He added that the use of Twitter in courts could also be limited to journalists.

Lord Judge said: “The judge has an overriding responsibility to ensure that proceedings are conducted consistently with the proper administration of justice, and so as to avoid any improper interference with its processes.

“There is no statutory prohibition on the use of live text-based communications in open court.

“But before such use is permitted, the court must be satisfied that its use does not pose a danger of interference to the proper administration of justice in the individual case.

“Subject to this consideration, the use of an unobtrusive, hand-held, virtually silent piece of modern equipment for the purposes of simultaneous reporting of proceedings to the outside world as they unfold in court is generally unlikely to interfere with the proper administration of justice.”

Iskander Fernandez, Senior Solicitor at IBB says:

“It was only a matter of time before the use of social network blogging sites surfaced in court proceedings.  It is now a widely accepted form of communication and its availability on mobile phones has greatly increased its attraction to the public.  Caution, however, should be exercised by judges and lay members of the bench in all court proceedings, from the simple case management hearing through to full blown trial.  The ease of which witnesses can access real time information must play a constant role in the decision a tribunal takes on allowing such forms of communication during active court proceedings.  There is a very real concern that improper use of such forms of communication will potentially interfere on the proper administration of justice.  It is only right, that access to phones and other communication devices be limited to a select category of individual to allay any concerns.”

We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk.