AI to help better list cases and reduce the backlog has been described as ‘game changing’ by courts minister Sarah Sackman as the lady chief justice reminded colleagues that listings decisions ‘will remain a judicial function’.
They were speaking at the inaugural conference Criminal Courts Improvement Group, led by the senior presiding judge Lord Justice Nicholas Green. The group, which includes professionals from across the criminal justice system, aims to improve the performance of the courts and support collaborative improvement.
The lady chief justice said the new judicial national listing framework, which will be published before the summer, ‘will be delivered through an updated criminal practice direction’. It will provide ‘a more consistent and a more transparent approach to how we list criminal cases in England and Wales’. The framework and ‘strongly’ welcomed uncapped sitting days ‘will enable us to use the courts to their full potential’.
She added: ‘Invaluable knowledge-sharing on trial lengths and the risks of ineffective trials will also contribute to smarter listings, using and improving data collection and AI to help listing officers and judges reduce the backlogs and maximise that court flexibility.’
‘This will in turn allow judges’ expertise to be matched up with courtroom data in a way that can help to predict how trials will run over (or under) planned schedules or where trials may be ineffective. I think, if successful, new tooling could help to flag these risks and, in the longer term, identify other cases that are a priority for listing, helping to mitigate these court delays.
‘Judicial independence and advice must remain at the core of all these advances. Judges will take the decisions on when and where remote hearings are appropriate, listing decisions…will remain a judicial function.’
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Such changes, Baroness Carr said, will ‘free up judges’ time from the administration of listing processes and allow us to be ever more nimble in moving from one trial to the next, with greater consistency’.
Sackman described justice as ‘a team sport’, adding that the system had suffered ‘years of under investment, neglect and mismanagement’.
‘We need every lever to be pulled and as Sir Brian [Leveson] and his brilliant team at the independent review have argued there is no silver bullet for addressing the crisis in our criminal courts. We need investment, we need reform and we need modernisation. We cannot do without any one of those three.’
Referring to investment which she described as ‘nothing short of game changing’, Sackman gave nods to the plethora of government announcement’s this week. Changes – including those to jury trials – was the government ‘grasping the nettle for reform’, Sackman said.
Speaking on modernisation, she said: ‘Technology is not the silver bullet but it does offer rich potential for greater openness in justice, whether through transcription [or] audio recording of all our magistrates’ hearings.’
Welcoming the LCJ’s listing framework, Sackman added: ‘We are also piloting an intelligent AI driven listing tool to support judges and their teams with the listing process.
‘Listing is a matter for the judiciary and that is right, but it is the job of government to provide the resources to enable that to be done effectively. I have had a play around on the tool and it is seriously exciting. It harnesses technology and thinking that has become commonplace in our NHS.
‘It could really be game changing. The fact the pilots are already underway in Preston and Isleworth is enormously exciting.’
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