In this article, Corker Binning partner Robert Brown – who represented Pakistani cricketer Mohammad Asif (pictured) in the recent ‘spot-fixing’ trial – argues for new guidance on the use of Twitter in criminal trials
The problems that Twitter can pose in legal proceedings have been highlighted in the recent trial of the Pakistani cricketers. Given that Twitter enables anything said in court to be instantly broadcast, it is surprising that its use does not currently fall under any of the specific statutory provisions which deal with photographs, sound recording or non-contemporaneous reports of criminal trials. And in criminal trials, where assertions made (no matter how spurious) can be made public before a defence counsel can get to his feet to object, the problems are particularly serious – as I found out last week at Pakistani cricketer Mohammad Asif’s trial at Southwark Crown Court.
