AI has reached peak buzzword status. But behind the hype lies powerful potential for our creaking criminal justice system.
Against the backdrop of Lord Levesons ongoing review there have been growing discussions on how AI is going to revolutionise some historic judicial practices.
Finite resource, complex evidence and procedural delays. The average end-to-end processing time through the criminal justice system has remained significantly higher than in pre-COVID times (326 days compared to 254 days) . With victims seeking justice; witnesses apprehensive about giving evidence and defendants awaiting outcomes; delays and inefficiencies have direct consequences.
Twenty years ago, we would have marvelled at how information was carried from one system to another, with a single click. But with significantly more computing power at our disposal, AI is not limited to the execution of administrative tasks.
The central areas of our justice system have made leaps forward, with HMCTS’ Reform Programme, but there are areas that must be enhanced by the targeted use of AI.
1. Build from strong foundations. AI tools are already integrated into everyday applications and delivering benefits at an individual level. To capitalise further organisations must establish four cornerstones:
a. Clean data
b. Defined governance
c. Optimised processes
d. Clear vision
2. The freedom to innovate. Once the foundations are in place, allow AI in. Don’t let the pursuit of perfection, diminish the opportunity of today (to badly coin a phrase). Identify pilots and isolated proof of concepts to evolve from and build confidence in AI deployment.
3. Define your use case. Be clear what outcome you are trying to achieve. This is the advantage of working with customisable off-the-shelf solutions (COTS)- the fundamentals are there but tailor the solution to organisational needs.
The operational core of our justice system is a 4-dimensional puzzle of available rooms, skilled people, equipment, cases and public expectation. This culminates in the art of efficient scheduling and listing. An integral part of any advanced case management system.
AI thrives in complex multi-variable environments. By analysing vast data points, we can predict pinch points, before they cause operational challenges. By characterising, prioritising and learning trends, AI can optimise resource allocation and implement hyper-efficient schedules. No more guesswork, just data-driven precision.
The characteristics that impact efficient scheduling, can be distinguished in three ways:
Macro - System trends. Variables in cases such as number of parties, use of expert witnesses, presenting complex evidence and interpreters will generally impact the timeliness of the case.
Micro - Local trends. These stem from environmental or logistical factors. Court room 5 is further from the witness room and therefore minor delays are inevitable. The use of live link adds five minutes to every hearing. There’s a fire alarm test on every Thursday and everyone pauses.
Social - More difficult to characterise but obvious from longitudinal data. Does the level of public interest impact its timeliness? Does a defendant with a good understanding of the justice system reduce delays? Do hearings after lunch take longer?
Through experience caseworkers, clerks and court staff will account for some of the macro and micro variances, but with unpredictable accuracy. By weaving technology into operations, we could develop a criminal justice system of ever-increasing efficiency. Ultimately resulting in the timely delivery and improved confidence in the criminal justice system.
Casedoc will be exploring the latest developments in advanced case management and use of AI, in their seminar at the Modernising Criminal Justice Conference, 2025. Take a look at the agenda here.