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| Two jurors jailed for contempt of court after misusing internet during trials | Two jurors jailed for contempt of court after misusing internet during trials |
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| Two jurors have both been jailed for two months after being found guilty of contempt of court for misusing the internet during crown court trials. | Two jurors have both been jailed for two months after being found guilty of contempt of court for misusing the internet during crown court trials. |
| Kasim Davey, 21, from Palmers Green, north London, posted a message on Facebook about a sex offences prosecution at Wood Green crown court declaring that he wanted to "fuck up a paedophile". | Kasim Davey, 21, from Palmers Green, north London, posted a message on Facebook about a sex offences prosecution at Wood Green crown court declaring that he wanted to "fuck up a paedophile". |
| Joseph Beard, 29, of Esher, Surrey, used Google to research the fraud case he was sitting on at Kingston crown court and dig up extra information about victims, which he was said to have shared with fellow jurors. | Joseph Beard, 29, of Esher, Surrey, used Google to research the fraud case he was sitting on at Kingston crown court and dig up extra information about victims, which he was said to have shared with fellow jurors. |
| Both cases were brought to the high court by the attorney general, Dominic Grieve QC, on the grounds that the men's actions interfered with the administration of justice. | Both cases were brought to the high court by the attorney general, Dominic Grieve QC, on the grounds that the men's actions interfered with the administration of justice. |
| Sir John Thomas, the president of the Queen's Bench Division, explained that the cases sent out a warning to jurors generally that "immediate custodial sentences are almost inevitable in cases of this kind". | Sir John Thomas, the president of the Queen's Bench Division, explained that the cases sent out a warning to jurors generally that "immediate custodial sentences are almost inevitable in cases of this kind". |
| The determination of the courts to enforce strict controls over jurors' use of the internet is running up against an increasingly common response to unfamiliar problems – posting comments on social media and searching online. | The determination of the courts to enforce strict controls over jurors' use of the internet is running up against an increasingly common response to unfamiliar problems – posting comments on social media and searching online. |
| Davey had said that there had been "a lot of Jimmy Savile news at the time" and that he sent the Facebook message as a result of "spontaneous surprise at the kind of case I was on". | Davey had said that there had been "a lot of Jimmy Savile news at the time" and that he sent the Facebook message as a result of "spontaneous surprise at the kind of case I was on". |
| He posted: "Woooow I wasn't expecting to be in a jury Deciding a paedophile's fate, I've always wanted to Fuck up a paedophile & now I'm within the law!" | He posted: "Woooow I wasn't expecting to be in a jury Deciding a paedophile's fate, I've always wanted to Fuck up a paedophile & now I'm within the law!" |
| A judge at Wood Green crown court was alerted and, last December, Davey was discharged from the retrial of Adam Kephalas, who was later convicted of sexual activity with a child. | |
| Beard was among the jury at Kingston crown court for the trial of two men accused of conspiracy to defraud and money laundering last year. The case, which had cost around £300,000 by then, was stopped and the jury discharged after Beard's activities came to light. | |
| The defendants, Ian Macdonald and David Downes, had to go through a retrial and were eventually convicted in March this year and jailed. | |
| Beard told the high court he had no intention to cause disruption to the crown court trial process or to investigate the case online. | Beard told the high court he had no intention to cause disruption to the crown court trial process or to investigate the case online. |
| He said he only wanted to find out how long the trial would take as he was worried that it might drag on, affecting his job and his family life. | He said he only wanted to find out how long the trial would take as he was worried that it might drag on, affecting his job and his family life. |
| In their judgment, Mr Justice Sweeney and Thomas, who becomes the next lord chief justice in the autumn, commented: "Every attempt is made to try and warn jurors not to use the internet or social networking sites for any purpose in relation to the case. | In their judgment, Mr Justice Sweeney and Thomas, who becomes the next lord chief justice in the autumn, commented: "Every attempt is made to try and warn jurors not to use the internet or social networking sites for any purpose in relation to the case. |
| "However, as is also clear, the language used is not consistent – giving room for argument of the type advanced before us as to what a juror might understand was prohibited. | |
| "Many judges have adopted the practice not only of warning the jury in terms similar to what the judges in these two cases did, but also handing the jury a notice setting out what they must and must not do and the penal consequences of any breach." | "Many judges have adopted the practice not only of warning the jury in terms similar to what the judges in these two cases did, but also handing the jury a notice setting out what they must and must not do and the penal consequences of any breach." |
| Such a precaution might be more widely adopted, the judges suggested. After the sentencing, Grieve said: "Jurors who use the internet to research a case undermine justice. | |
| "It creates a risk that the defendant will be convicted or acquitted, not on the evidence, but on unchallenged and untested material discovered by the juror. | "It creates a risk that the defendant will be convicted or acquitted, not on the evidence, but on unchallenged and untested material discovered by the juror. |
| "Equally, the case of Kasim Davey shows that jurors must follow the directions given to them by the trial judge not to discuss the case outside the jury room, including discussions and posts on the internet." | |
| The Law Commission is consulting on how the law surrounding jury trials may need to be changed to protect fair trials. It has contemplated confiscating jurors' mobile phones and internet-enabled devices when they attend court. | The Law Commission is consulting on how the law surrounding jury trials may need to be changed to protect fair trials. It has contemplated confiscating jurors' mobile phones and internet-enabled devices when they attend court. |
| A study by Professor Cheryl Thomas in 2010 found that around 12% of jurors involved in high-profile cases admitted they had looked for information about cases they were trying. | A study by Professor Cheryl Thomas in 2010 found that around 12% of jurors involved in high-profile cases admitted they had looked for information about cases they were trying. |
| There have also been suggestions that courts could be armed with additional powers compelling media organisations to take down old stories from electronic archives in order to remove potentially prejudicial material. | There have also been suggestions that courts could be armed with additional powers compelling media organisations to take down old stories from electronic archives in order to remove potentially prejudicial material. |