AI tools must not determine the outcome of a case or displace judicial reasoning, analysis or discretion, the senior judiciary has said in a new position statement on judges' use of the technology. The statement, which will complement guidance issued in 2023 and updated last year, sets out a 'cautious but positive' approach for adoption, the lead judge for artificial intelligence Sir Colin Birss, president of the Business and Property Division, said.
'AI will be adopted to support but not replace judicial decision-making and be subject to strict safeguards and robust testing,' Birss states. 'The use of AI for the judiciary must always support the administration of justice, safeguard judicial independence, and maintain public confidence.'
The statement follows judicial pilot projects which have examined whether AI can support functions such as summarisation, transcription, redaction, writing in accessible language, administrative/leadership tasks, chronology-building, and document analysis. The pilots also tested the reliability of AI tools and their outputs, the degree of human checking required, the handling of sensitive material and the safeguards necessary for operational use. According to the statement, they 'focused on lower risk use cases, testing secure tools in controlled settings before wider deployment'.
Future use proposals should be brought to the attention of the senior judiciary, the statement says. A centralised steering group, chaired by the lead AI judge, will assess legal, ethical, operational, security and data protection issues. Only approved AI tools may be used for judicial purposes. Any new tools will require proper approval, evaluation and ongoing review before any wider deployment is contemplated.
'Human oversight is essential,' the document stresses. 'Every AI output used in judicial work must be reviewed, verified and approved by the responsible judicial office holder. The judicial office holder remains fully accountable.'
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