The social network effect on judiciary

Comments made on social media about upcoming trials are presenting new challenges to the wheels of justice.

This is according to Chief Justice Ian Kawaley, who has urged the Attorney General to look into providing social network users with guidance on what they can and can’t say about pending cases.

The suggestion was made at the opening of the 2013 Legal Year and comes as the judiciary’s latest Annual Report was made public.

The 88-page document reveals ongoing concerns over the safety of the Supreme Court to handle multi-defendant cases and high-risk offenders.

The report highlights a 25-per-cent increase in the number of matters filed with the Court of Appeal in 2013.

It shows that the number of Magistrates’ Court trials has more than halved in the last year.

Chief Justice Kawaley said: “The emergence of social networks such as Facebook and Twitter creates challenges for the administration of justice because contempt of court may be committed in ways which are beyond the contemplation of traditional legal rules.

“In early December, 2013, England and Wales Attorney-General Dominic Grieve QC announced plans to issue guidance to social network users on how to permissibly comment on pending cases. ‘We must be wary’

“Our own Attorney- General is respectfully invited to consider the desirability of adopting similar guidance for Bermuda.”

The Chief Justice also told the Sun: “The use of social networks such as Facebook and Twitter is, I believe, prevalent in Bermuda.

“With our high connectivity rates per capita, it is no surprise that comment on Court matters follows.

“Like many small communities, we have to be wary of the effects of that.

“As regards guidelines, this is something which careful consideration should be given to.”

The 2013 Annual Report reveals that more permanent measures of protection will be needed in Supreme Courts if the increase in multi-defendant and ‘factional’ cases continues.

It states: “Our current facilities to hold jury trials are ‘unsuitable and inadequate’ and hopefully a plan can be developed in the medium term for a purpose- built facility.

“The increasing number of violent high-risk individuals being brought before our Courts for gun and weapon offences, coupled with the presence of friends and family members, along with those of their victims, is potentially unsafe for staff, Judges, Magistrates and the public at large.”

Meanwhile, the civil section of the Magistrates’ Court has seen an 11-percent increase in caseload from last year.

The report states: “This could possibly be related to efforts by individuals to recoup outstanding debts during these economic times.”

The Family Court dealt with 141 new cases over the course of 2013, which was a 25-per-cent decline from the 2012 caseload of 189.

And there was a 48-per-cent decrease in the number of Domestic Violence Orders issued from 42 in 2011 to 22 in 2013.

The report states: “It is unclear whether this decline represents a change in behaviour within the public or whether other avenues are being used to address domestic violence other than Court Orders.”

The latest Annual Report reveals that a total of 27 criminal appeals and 17 civil appeals were lodged with the Court of Appeal in 2013. Meanwhile the number of criminal appeals disposed of decreased by 50-per-cent compared to 2012 because the bench heard a number of lengthy criminal appeals and dealt with a 25-per-cent increase in civil appeals.

Last year 13 civil appeals were withdrawn and seven were abandoned — which are exceptionally high figures compared to recent years.

The total amount of money collected by Magistrates’ Court in 2013 was just under $8.9 million – a 12-per-cent-drop on 2011.

This was made up of:

The Top Ten Traffic Offences for 2013

Top 10 criminal offences at Magistrates’ Court in 2013