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Saturday, 16 September 2017
How posting on Facebook could send you to jail
Is your last post on Facebook going to land you in jail?
It might do if it ruins a criminal trial. And the government is now looking for evidence of whether new laws are needed to stop it happening. The Attorney General, the government's top law officer, is asking judges, police and victims' groups for examples of where posts, chat and tweets have compromised a trial. So how can a post on social media cause such damage? And what can you do to protect yourself? Well, it's all down to whether you say something that would influence a jury.
Seven ways to avoid affecting a criminal case and to stay out of jail:
1. If you have a friend on a jury, don't message them on Facebook asking about their case - they're not allowed to tell you.
2. In fact don't approach jurors at all.
3. Don't post messages saying you know the defendant in a case definitely did it. Everyone is presumed innocent until proven guilty.
4. In fact, don't comment on the character of defendants, victims or any witnesses.
5. If you're on a jury, don't look up the history of the case.
6. Don't contact the defendant on Facebook to tell them you're on their side.
7. Ask yourself whether any of your actions on social media could influence a case. Journalists know the limits and get professional legal advice. If we're not doing it, there's a good reason why.
And six more tips to keep you out of the cells:
1. If a defendant isn't named in a court report, there's a legal reason why. If you know who the defendant is - don't name them just because you're annoyed we haven't.
2. Don't name victims in sexual offence cases - it's against the law.
3. Don't name children who are on trial - that's also illegal, other than in exceptional circumstances.
4. If you are in court don't take photos. Or record videos or sound.
5. If you overhear a private conversation in a court building relevant to a case, don't repeat it online.
6. If you're a juror, don't talk about your case with family and friends.
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