AI in Criminal Justice: Strengthening the Rule of Law

A summary of the chair's opening remarks by Fiona Rutherford, Chief Executive of JUSTICE

The Challenge Ahead

We stand at a pivotal moment in the evolution of our criminal justice system. Artificial intelligence is already transforming how we govern and adjudicate - from predictive policing to virtual courtrooms and beyond. The fundamental question we must answer is how to ensure AI's integration strengthens rather than undermines the rule of law: the principle that we are all equal before the law.

A Framework for AI in Justice

JUSTICE, the UK's leading law reform and human rights organisation, has developed a comprehensive framework for evaluating AI in legal contexts. This framework, which has been referenced in the recent Sentencing Review, is built on three core imperatives:

1. Be goal-led with clear rights-based purposes - Any AI implementation must have defined objectives that prioritise human rights and justice outcomes
2. Understand the risks of entrenched biases and eroded accountability - We must recognise how AI systems can perpetuate existing inequalities and reduce transparency
3. Act responsibly through transparency and oversight - Implementation requires robust governance mechanisms and clear accountability structures

The Double-Edged Promise of AI

The potential of AI in justice is illustrated perfectly by AI-powered legal chatbots. These systems promise to democratise access to justice by providing 24/7 availability at a fraction of the cost of traditional legal services. However, this promise comes with significant risks: they can provide inaccurate advice, fail to account for case nuances, and create privacy vulnerabilities. Without proper regulatory oversight, we risk creating a parallel legal system that operates in opacity and without accountability.

The Stakes Are High

The criminal justice system is not merely another public service - it is the guardian of our rights and freedoms. This unique role demands that we develop a national strategy for AI in justice that hardwires transparency and accountability through regulatory frameworks that simultaneously protect rights, promote innovation, and engage the public.

Three Critical Questions

As we navigate this transformation, three fundamental questions must guide our decisions:

• Will AI close or widen the access to justice gap? The technology's potential to democratise legal services must be weighed against risks of creating unequal standards of justice.
• How do we protect fundamental rule of law principles? We must ensure that efficiency gains don't come at the cost of due process, fairness, and human dignity.
• How do we build public trust in machine-mediated justice? Public confidence in our justice system depends on transparency and accountability in AI decision-making processes.

Our Shared Responsibility

The rule of law represents our shared civic inheritance - a promise that power will be held to account, justice will be done, and human dignity will be protected. As we can observe from events around the world, this promise is fragile and easily broken. Our collective responsibility is to ensure that as we embrace AI's potential to improve justice outcomes, we preserve and strengthen these fundamental principles for current and future generations.

The path forward requires collaboration between operational specialists, policymakers, legal and technical professionals, academics, and civil society. Only through this united effort can we harness AI's transformative power while safeguarding the values that underpin our democratic society.

This post is based on Fiona Rutherford's opening remarks as Chair at the Modernising Justice Conference - 12th June 2025