Could Twitter become a threat to the justice system?

During the row over privacy injunctions, critics have emphasised that it is near impossible to stop people revealing information on Twitter. But what if people use it to name victims in rape cases or reveal information from court that could see trials abandoned?

Twitter has 200 million registered accounts worldwide and adds more than 460,000 new accounts every day.

Video and audio recording has long been barred from courts in England and Wales but Twitter has already been given a foothold in judicial proceedings.

In December the Lord Chief Justice, Lord Judge, issued new guidance on Twitter, allowing its use in English and Welsh courts, at the discretion of trial judges.

The decision was taken following pressure by journalists and activists covering the extradition hearing of Wikileaks founder Julian Assange.

Lord Judge said: "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."

But there are potential pitfalls. Journalists and ordinary people in the public gallery are party to information that the jury may have been prevented from hearing. The danger of a trial being seriously prejudiced is obvious.

He added: "The danger to the administration of justice is likely to be at its most acute in the context of criminal trials, where... information posted on, for instance, Twitter about inadmissible evidence may influence members of a jury."

Everyone in a court hears the identity of rape victims, but this cannot be published or otherwise revealed outside court.

Even in the pre-Twitter age, people who had been in court could have revealed restricted information using forums, chatrooms and blogs they had set up. But there were conscious barriers to publishing sensitive information.

There is no doubt Twitter has narrowed the gap between merely thinking something, and publishing it to a global audience.

Lord Judge has been consulting on the impact of Twitter in English and Welsh courts. A report is due to be published later this year.

Scottish Courts are awaiting the outcome of the consultation before issuing guidelines but permission has been granted for Twitter in one case - the sentencing of politician Tommy Sheridan in January. Northern Ireland's top judge is also waiting with bated breath.

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