Updated Judicial Guidance on Artificial Intelligence

HM Courts and Tribunals Service in England & Wales has published updated guidance (and see the overview page here) for judicial office holders regarding AI. It updates and replaces the guidance document published in December 2023 (which we wrote about here).

Updates are relatively minor, including:

• additional examples reflecting areas of concern, 
• an updated glossary,
• reference to judicial office holders having access to Microsoft Copilot,  
• advice to judges to inform litigants that they are responsible for the AI-generated information they present to the court/tribunal, just as for any other type of evidence.

The guidance continues to include the statement that: ‘Provided these guidelines are appropriately followed, there is no reason why generative AI could not be a potentially useful secondary tool.’

The guidance covers the following areas:

1. Understand AI and its implications;
2. Uphold confidentiality and privacy;
3. Ensure accountability and accuracy
4. Be aware of bias;
5. Maintain security;
6. Take responsibility;
7. Be aware that court/tribunal users may have used AI tools.

The guidance also specifies indications that work may have been produced by AI, tasks not recommended with the use of AI, potential useful tasks (updated to include transcribing and summarising meetings).

If you would like to discuss how current or future regulations impact what you do with AI, please contact Tom Whittaker, Brian Wong, Lucy Pegler, Martin Cook, Liz Smith or any other member in our Technology team.  For the latest on AI law and regulation, see our blog and newsletter.