37 Pages Posted: 18 Aug 2018
Date Written: August 4, 2018
This paper is about the steps that may be taken to dilute but not totally eliminate the prejudicial effect of on-line material that relates to a defendant about to stand trial. It is posited upon the fact that jurors, despite strong judicial directions, will go on-line to seek out information relevant to the case that they are trying. The solution lies in the use of what could be described as “take-down” orders whereby material is removed from websites during the course of the trial to eliminate or dilute any prejudice that may otherwise arise, along with de-indexing the reference in search engines. The remedy of a “take-down” order restores the qualities of practical and partial obscurity of prejudicial information that was a characteristic of the pre-Digital Paradigm. The paper also discusses the issue of juror contempt in light of proposed changes to the law in the Administration of Justice (Reform of Contempt) Bill.
Keywords: Juries, Criminal Jury Trial, Googling Jurors, Take Down Orders
JEL Classification: K
Suggested Citation: Suggested Citation