Generative AI and Courts in the UK: a Candle in a Hurricane

In December 2023, the United Kingdom’s first set of guidelines relating to the judicial use of artificial intelligence (AI) was published by the Courts and Tribunals Judiciary. In the absence of a targeted legal framework pertaining to the use of AI by courts or public authorities in the UK, these are the primary source of regulatory guidance, upon which judges can draw, to understand how AI ought to be appropriately used in their professional context. This contribution provides critical reflection upon the content and effectiveness of the guidelines, ultimately concluding that more extensive – and legally binding – regulatory action is needed to accurate and accountable judicial decision-making in the era of AI. The chapter first surveys general attitudes towards AI within the UK judiciary, before moving to engage directly with the technical foundations of AI and examples of its usage in administrative and judicial decision-making in the UK. It concludes with an analysis of the guidelines, following discussion of several key legal and constitutional issues that may arise where AI is deployed in judicial settings. Throughout this contribution, we caution that the regular use of AI to make decisions does not simply change the process of discrete procedures, but rather, will challenge existing structures within the legal and political system at a broader level.