The UK government plans to use AI to “revolutionise” public services, and AI is already shaping the justice system through police surveillance, legal research, and advice bots, for example.

Yet cases like the Post Office Horizon scandal and the Dutch child benefits scandal (where thousands were falsely accused of fraud due to a discriminatory algorithm) show the serious harms technology can enable. The UK justice system also has more data gaps than any other public service, creating extra challenges for responsible AI use.

While most other approaches to AI use focus on ethics, today’s report sets out a rights-based approach to draw on enforceable legal rights. It proposes two clear requirements on those looking to use AI in the justice system:

1. Goal-led: Ensure the tool is clearly aimed at improving one or more of justice system’s core goals of access to justice, fair and lawful decision making, and transparency.
2. Duty to act responsibly: Ensure all those involved in creating and using the tool take responsibility for ensuring the rule of law and human rights are embedded at each stage of its design, development, and deployment.

Sophia Adams Bhatti, report co-author and Chair of JUSTICE’s AI programme, said: “Given the desperate need to improve the lives of ordinary people and strengthen public services, AI has the potential to drive hugely positive outcomes. Equally, human rights and the rule of law drive prosperity, enhance social cohesion, and strengthen democracy. We have set out a framework which will allow for the positive potential of both to be aligned.

“Our report guides developers, policy makers and users to make choices which enable society to reap the benefits of AI whilst protecting the rule of law and human rights.”

Stephanie Needleman, legal director of JUSTICE, added: “The justice system holds people’s liberty, families and livelihoods in its hands, but it is currently in crisis. We desperately need solutions to improve its fairness and efficiency.

“AI isn’t a cure-all, and its use carries big risks – to individuals and to our democracy if people lose trust in the law through more scandals like Horizon. But it also offers potential solutions. We must therefore find ways to harness it safely in service of well-functioning justice system. Our rights-based framework can help us navigate this challenge.”