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England and Wales Judiciary Approves Cautious Use of AI in Legal Rulings

Guidance issued last month permits AI use in writing opinions, but warns against its use for research or legal analyses due to risk of misinformation.

The new Lord Chancellor Dominic Raab (left) alongside Lord Chief Justice Lord Thomas (centre) and Master of the Rolls Sir Geoffrey Vos (right), at the Judge's entrance to the Royal Courts of Justice, in central London ahead of his swearing in ceremony as Lord Chancellor, Thursday September 23, 2021.
[Photo: Frank Augstein/AP Photo]
Judges and members of the King's Counsel wearing ceremonial dress leave Westminster Abbey after the traditional annual service on the 2nd of October 2023 to mark the start of the new legal year, they then head into the Palace of Westminster for a reception hosted by the Lord Chancellor, London, United Kingdom. The start of the legal year in England and Wales is marked with a religious service inside Westminster Abbey, judges arrive from the Royal Courts of Justice. (photo by Andrew Aitchison / In pictures via Getty Images)

Overview

  • The Courts and Tribunals Judiciary in England and Wales have given judges permission to use artificial intelligence (AI) to help produce rulings, marking a significant step for the 1,000-year-old legal system.
  • The guidance issued last month stressed that AI should not be used for research or legal analyses due to the risk of fabricated, misleading, inaccurate and biased information.
  • Master of the Rolls Geoffrey Vos, the second-highest ranking judge in England and Wales, stated that judges must protect confidence and take full personal responsibility for everything they produce.
  • The guidance is filled with warnings about the limitations of AI and potential problems if a user is unaware of how it works, including a specific admonition about chatbots like ChatGPT.
  • Despite the cautious approval, the guidance has been criticized for not having a clear accountability mechanism, with questions raised about how it will be enforced and who will oversee compliance.