{"id":36,"date":"2026-04-07T16:49:09","date_gmt":"2026-04-07T16:49:09","guid":{"rendered":"https:\/\/redzine.co.uk\/index.php\/2026\/04\/07\/why-ai-shouldnt-be-used-even-to-decide-simple-court-cases\/"},"modified":"2026-04-07T16:49:09","modified_gmt":"2026-04-07T16:49:09","slug":"why-ai-shouldnt-be-used-even-to-decide-simple-court-cases","status":"publish","type":"post","link":"https:\/\/redzine.co.uk\/index.php\/2026\/04\/07\/why-ai-shouldnt-be-used-even-to-decide-simple-court-cases\/","title":{"rendered":"Why AI shouldn\u2019t be used even to decide \u2018simple\u2019 court cases"},"content":{"rendered":"
<\/span> Phonlamai Photo\/Shutterstock<\/a><\/span><\/figcaption><\/figure>\n

In just a few years, generative artificial intelligence (gen AI) has brought about significant changes in many industries from healthcare to education, entertainment to finance, and even law.<\/p>\n

The use of gen AI<\/a> in court verdicts poses significant risks to justice. Erroneous outcomes generated from \u201challucinated\u201d information, discriminatory decisions and lack of transparency are all concerns when this technology is introduced to courtrooms.<\/p>\n

But already a number of judges<\/a> around the world have used it in decision-making and judgment writing. This is why some jurisdictions, including the UK<\/a>, have issued guidelines for judges regarding AI use. <\/p>\n

\n

\n
\n
\n Read more:
\n \u2018Hallucinated\u2019 cases are affecting lawyers\u2019 careers \u2013 they need to be trained to use AI<\/a>
\n <\/strong>
\n <\/em>\n<\/p>\n

\n

Broadly, the guidelines suggest judges might use AI as a tool to conduct preparatory works such as drafting summaries of long documents<\/a>, translating legal documents, identifying legal precedents or enhancing readability of documents. They recommend against the application of it for core judicial functions, including decision-making.<\/p>\n

Recently, some senior judicial leaders have opined<\/a> that AI might be used to decide \u201clow-stakes\u201d or less-complex cases with adequate precautions, such as keeping a human judge in the loop. <\/p>\n

In a November 2024 speech, the UK\u2019s second most senior judge, Geoffrey Vos, spoke of a \u201cspectrum\u201d<\/a> of legal decisions that AI might soon make, or help make.<\/p>\n

Vos said the use of AI for \u201cbroadly mechanical decisions, like those about the amount of a pension or benefits, or the calculation of personal injury damages and loss of earnings\u201d would likely save money and time. But he called for discussion on whether such use would violate essential human rights.<\/p>\n

A year later<\/a>, Vos again called for \u201cserious debate\u201d about what rights humans should have protected in this context. And he urged that AI be \u201cused responsibly, effectively and safely in legal systems and processes\u201d.<\/p>\n

\n

AI has long been discussed as a threat to jobs and livelihoods. But what\u2019s the reality? In this new series<\/a>, we explore the impact it is already having on different occupations \u2013 and how people really feel about their AI assistants.<\/em><\/p>\n

\n

A number of jurisdictions are testing or using AI in such \u201cmechanical\u201d cases already. Estonia uses a semi-automated<\/a> small-claims system in civil proceedings for monetary claims up to \u20ac7,000 (\u00a36,100), with human clerks overseeing the process.<\/p>\n

Frankfurt District Court in Germany has tested an AI system named Frauke<\/a> to deal with air passenger rights<\/a> lawsuits. Frauke analyses earlier cases and rulings to create pre-configured draft judgments. Judges assemble final verdicts from these texts following their ruling, significantly reducing the time spent drafting.<\/p>\n

Taiwan<\/a> piloted an AI-powered tool to assist courts by producing ruling notices for Driving Under Influence cases, or aiding and abetting in fraud cases. The AI system generates a complete draft ruling including the facts, legal reasoning, citations and final verdict. The judge reviews this draft and, upon approval, can issue it as the official judgment, with or without modifcations.<\/p>\n

It is evident from these examples that the key motivation to replace human judges in a certain category of cases is efficiency. As a result, a few other jurisdictions<\/a> are also exploring the scope of integrating gen AI to adjudicate certain litigation without human judges.<\/p>\n

The cost of using gen AI as judge<\/h2>\n

Courts are overburdened, and technology like gen AI promises consistency and efficiency. But it would mark a significant change of centuries-old practice. And it risks undermining what some legal scholars argue<\/a> is a fundamental principle of justice: the right to be judged by a human being<\/a>.<\/p>\n

Court adjudication is not only about reaching a decision. It is about a holistic and fair process that includes the right to be heard \u2013 presenting defence, weighing competing narratives, and exercising judgment in light of law and equity.<\/p>\n

Algorithmic tools, no matter how advanced, do not hear or \u201cunderstand\u201d<\/a> even their own output, let alone human values or changing social contexts. Gen AI cannot recognise suffering, credibility, remorse or vulnerability like a human. That alone makes it unfit to sit in a judge\u2019s seat.<\/p>\n

\n \"Judge's
\n Some legal scholars argue the right to be judged by a human is a fundamental principle of justice.<\/span>
\n Korawat photo shoot\/Shutterstock<\/a><\/span>
\n <\/figcaption><\/figure>\n

Categorising cases as simple or complex may look pragmatic, but it is both legally and morally dangerous. What counts as a \u201csimple, routine or mechanical\u201d case is itself a human decision. Legal disputes over compensation or benefits may appear straightforward on paper, yet carry significant consequences for the person bringing the case. <\/p>\n

Allocating such cases as appropriate for algorithmic adjudication risks creating a two-tier justice system \u2013 in which one group of citizens gets to present their case before a human judge, while others are handled by machines. Only the former, I would argue, are exercising their right to a fair hearing and trial<\/a> before an independent and impartial tribunal, as protected under Article 6<\/a> of the European Convention on Human Rights. <\/p>\n

Additionally, the efficiency argument may become illusory. Algorithmic systems like gen AI require continuous human oversight, auditing and rectification. Hallucination or mistakes, whether from flawed design or biased training data, can completely negate the claimed benefits. <\/p>\n

Public trust matters in all legal systems. If people lose trust in automated decisions, appeals will increase \u2013 adding to the existing backlog of cases.<\/p>\n

Emerging technology such as gen AI may be suitable to manage court administration and reducing clerical burdens. But substituting human judges, even in supposedly low-stakes cases, undermines basic principles of justice. Efficiency should not come at the expense of the values the justice system exists to protect.<\/p>\n

\"The<\/p>\n

Raisul Islam Sourav does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.<\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Phonlamai Photo\/Shutterstock In just a few years, generative artificial intelligence (gen AI) has brought about significant changes in many industries from healthcare to education, entertainment to finance, and even law. The use of gen AI in court verdicts poses significant risks to justice. Erroneous outcomes generated from \u201challucinated\u201d information, discriminatory decisions and lack of transparency […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-36","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/posts\/36","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/comments?post=36"}],"version-history":[{"count":0,"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/posts\/36\/revisions"}],"wp:attachment":[{"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/media?parent=36"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/categories?post=36"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/redzine.co.uk\/index.php\/wp-json\/wp\/v2\/tags?post=36"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}