NI top judge issues warning over ‘inflammatory' public commentary on live cases

NI top judge issues warning over 'inflammatory' public commentary on live cases Dame Siobhan told Monday's event that it was important for the changes to be delivered and urged the Stormont Executive to act. View Image The Right Honourable Dame Siobhan Keegan, Lady Chief Justice of Northern Ireland, (Image: Liam McBurney/PA Wire) Northern Ireland's most senior judge has voiced concern on the prevalence of 'inaccurate, inflammatory and speculative' commentary on live judicial proceedings in the region. ‌ Lady Chief Justice Dame Siobhan Keegan said she was concerned at commentary that had appeared in the media and on social media, as well as statements by 'some public representatives', before cases had reached their conclusion. ‌ In a wide-ranging address to mark the start of the new legal year, Dame Siobhan also expressed disappointment at the ongoing delays around changing the law to allow broadcasting in Northern Ireland's courts. ‌ The region's top judge said her priority in the coming year was to find further ways to deliver early resolutions in legal proceedings, particularly in respect of identifying opportunities for early guilty pleas in criminal cases. Speaking to a gathering of senior judicial and legal figures at the Royal Courts of Justice in Belfast, Dame Siobhan also spoke about the potential for artificial intelligence to be a 'transformative tool' within the courts system. On the issue of public commentary on live proceedings, the Lady Chief Justice said: 'I remain concerned at this point, I should say, by commentary in the press, on social media and by some public representatives on matters that are before the court, whether during the course of proceedings, prior to a verdict being delivered or before sentencing has taken place, all of which intersect with issues pertaining to the rule of law. ‌ 'Let me be very clear about this: whilst robust scrutiny and criticism of judicial decisions are legitimate and important features of a democratic society, the right to freedom of expression carries corresponding responsibilities. 'It is essential that public discussion of cases before the courts remains measured, informed and respectful of the rule of law and the constitutional role of an independent judiciary. 'Public confidence in the administration of justice depends upon cases being determined solely on the evidence presented in court, and in accordance with the law, free from external influence or pressure. ‌ 'Commentary that seeks to prejudge issues, influence outcomes or undermine confidence in the fairness of proceedings risks interfering with the proper administration of justice. This is particularly significant in criminal proceedings, where a jury has been impanelled. Jurors must reach their verdict exclusively on the evidence they hear in court and the directions they receive from the trial judge. 'Widespread public commentary, especially where it is inaccurate, inflammatory or speculative can create a risk of prejudice and may compromise the fairness of a trial. 'Those with public platforms and influence, therefore, have a particular responsibility to exercise restraint when commenting on ongoing legal proceedings. None of this conflicts with the core principle of open justice, which I am also committed to.' ‌ While Stormont Justice Minister Naomi Long has signalled an intent to amend the law in Northern Ireland to allow broadcasting of some judicial remarks, the legislative process to implement the reforms will not happen in the current Assembly mandate. Dame Siobhan told Monday's event that it was important for the changes to be delivered and urged the Stormont Executive to act. 'I am disappointed that another year has passed without progress on the broadcasting of courts in our jurisdiction,' she said. ‌ 'I am informed that this is because the necessary legal amendments cannot be made in this mandate. 'Notwithstanding the delay, I will continue to support and advocate for the broadcasting of certain court proceedings, subject always to appropriate safeguards and protective guidelines. 'Why is this important, relevant and something that I continue to be promoting? Well, greater transparency plays an important role in enhancing public understanding of the administration of justice, allowing the public to see first-hand the care, diligence and impartiality with which judges approach their work. Too often, public perceptions of the justice system are shaped by incomplete or partisan views, social media commentary or isolated extracts from proceedings. ‌ 'To my mind, responsible broadcasting can help address misconceptions by providing greater insight into the judicial process, the legal principles applied by the courts and the reasoning that underpins judicial decisions. And I'm very grateful to the interaction I've had with the media in relation to the broadcasting of courts and other pilots that have looked at greater transparency. 'But I would also point out that it is imperative that the modernisation and outreach that this involves is driven forward and supported from within the Executive structures as well. Enhancing media access and the public broadcasting of courts will require changes to legislation and the establishment of protocols and guidance which set out the appropriate boundaries that must be followed. But I hope this does come to pass soon.' The Lady Chief Justice said she was keen to address ongoing delays within the courts system. While acknowledging delays caused by budget and resource constraints were outside her control, she said there were still areas where judges could take proactive steps to help speed up processes. ‌ She said early resolution initiatives had worked well in the civil and family courts and said there was also scope for this approach to be more widely adopted within the criminal courts. 'I want to work with partner organisations – the police, PPS (Public Prosecution Service), the DoJ (Department of Justice) and the legal profession – to revitalise the work of the proposed pilot in Antrim Crown Court, which was designed to identify early guilty pleas, thereby freeing up the lists for trials,' she said. Dame Siobhan also used her address to articulate her stance on adopting artificial intelligence within Northern Ireland's judicial system. ‌ 'It is part of the conversation on greater efficiency in case management,' she said. 'And whilst I am acutely aware that integrity, regulation and transparency concerns exist, it seems to me that we need to think about AI and its potential to be a transformative tool across many areas, particularly in streamlining discovery and large amounts of material. 'Used responsibly, it can help us work more efficiently, improve access to justice and enable judges and court staff to focus their time and expertise on the matters that most require human consideration. ‌ 'So I think we should not be hesitant to embrace innovation where it can deliver real benefits for court users and the wider public. 'At the same time, we must recognise that AI is an emerging technology with inherent limitations and risks. We know it can assist the judicial process, but it cannot replicate the judgment, wisdom, independence and accountability that are fundamental to it. So I've established a judicial AI group to develop overarching principles and guidelines around the use of AI technology and its interaction with the courts. 'This work is under way and I hope to publish in the incoming year materials that will assist both the judiciary and court users in their approach to AI within the court setting.' Article continues below Get political analysis and headlines from James McCarthy direct to your inbox Sign up here for our Party Lines newsletter and get the latest political analysis and headlines from Belfast Live's Political Reporter James McCarthy direct to your inbox twice a week. For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here.