Jurors in criminal trials ‘should always be warned’ about internet research

In a significant report on judges and juries in Ireland, researchers Mark Coen, Niamh Howlin, Colette Barry and John Lynch concluded that an internet warning “should form part of the standard directions given to a jury in every case”.

Judges and Juries in Ireland: An Empirical Study reveals the findings of a project in which 22 judges and 11 barristers with extensive experience of criminal jury trials were interviewed about a wide range of issues.

It is the first study to comprehensively examine the experiences and perspectives of judges who preside over trials of indictable offences in Ireland.

Some judges are reluctant to give an internet warning “lest it encourage jurors to go online”, the report found. Only 10 of the 22 judges interviewed said that they instructed jurors in every case not to conduct online research.

“While there appears to be a trend in favour of the giving of internet warnings in all jury trials, it is far from universal practice in Ireland,” the report states.

Because internet research and online posting “are ingrained features of modern life”, it is “essential that a direction relating to internet research and communication is given in every jury trial”, it concludes.

Its other recommendations include the creation of a standardised judicial direction dealing with the conduct expected of jurors; the introduction of a system of jury expenses; and the introduction of pre-trial hearings.

The report also calls on the Oireachtas to act on the recommendation of the Law Reform Commission and create a statutory offence of “jury misconduct”.

More research is needed on jury interference in Ireland, it adds, and official statistics on prosecutions and convictions for jury interference “need to be maintained and made publicly available”.

Activist Máirín de Burca, who played a key role in changing the law to allow women to sit on juries in Ireland, was among high-profile legal figures in attendance at yesterday’s launch event.