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Artificial Intelligence Courts Justice: Evolution of the Judiciary in the Age of Technology
- Anna Lau
- Jul 9, 2021
- 5 min read
Author: Anna Lau, Litigation Partner
Artificial Intelligence in Courts Justice is an increasingly discussed topic as technological advancements continue to reshape traditional sectors, including the judiciary. While artificial intelligence has been widely adopted in various industries, its role in the administration of justice raises both opportunities and important considerations.
“Judges are human. It is only natural that, like others in society, judges may have and are indeed entitled to their own personal views and beliefs. However, a judge must decide cases objectively and professionally, independent of his own personal views or beliefs, political or otherwise” - The Honourable Chief Justice Andrew Cheung
The use of artificial intelligence in courts has long been explored in theory. As concerns regarding human bias continue to be debated, the idea of delegating decision‑making to systems without emotion presents both appeal and challenge.
What Is Artificial Intelligence?
According to John McCarthy, artificial intelligence is defined as:
“allowing a machine to behave in such a way that it would be called intelligent if a human being behaved in such a way…” - John McCarthy
Artificial intelligence relies on:
the availability of large datasets such as judicial decisions
the ability to process this data into usable insights
In essence, AI involves the transformation of data into actionable knowledge through logical processing.
Application of AI in Courts
The administration of justice involves careful analysis of facts and evidence on a case‑by‑case basis. Courts must consider individual circumstances and legal principles before arriving at decisions.
Certain functions within the judicial system may lend themselves more readily to automation. Examples include:
default judgments.
summary judgment applications.
procedural determinations.
In addition, simpler matters such as traffic offences with fixed penalties could potentially be handled using AI systems, subject to appropriate human oversight.
The use of AI could assist in reducing backlogs and improving efficiency in court systems.
Existing Developments in AI-Assisted Judgments
AI has already been tested in judicial contexts. Research in the European Union has demonstrated that AI systems can predict outcomes of cases before the European Court of Human Rights with a reported level of accuracy.
These developments illustrate that the underlying technology exists, although its practical application in courts remains subject to careful consideration.
AI in Legal Efficiency and Case Management
One of the key strengths of AI lies in its ability to process large amounts of information quickly.
Potential applications include:
eDiscovery and document review.
organisation of evidence.
legal analytics and case prediction.
Legal practitioners may benefit from improved efficiency in handling complex datasets, allowing more focus on legal strategy and advocacy.
Challenges for Hong Kong
For AI to function effectively, access to structured digital data is essential. One of the key challenges in Hong Kong is that parts of the legal system remain paper‑based.
Greater digitisation of court processes, including e‑filing and electronic case management, will be necessary to support wider adoption of AI technologies.
The Need for Human Judgment
Despite technological advances, the role of human judgment remains central to the justice system.
Common law traditions emphasise:
fairness and discretion.
equity and conscience.
contextual understanding of human behaviour.
There is concern that purely logic‑based decision‑making may lead to rigid outcomes that do not always reflect broader notions of justice.
As noted in the article:
“sentencing is the most difficult part of the job”
This highlights the importance of human reasoning in judicial decision‑making, particularly in complex or sensitive cases.
Future Outlook for AI in Courts
AI is more likely to develop as a support tool rather than a replacement for judges.
Future developments may include:
improved data organisation and case management.
enhanced predictive analysis.
better tools for legal research and preparation.
The focus will remain on achieving a balance between efficiency and the preservation of fundamental legal principles.
Conclusion
To take things to the next step, we must therefore be mindful of what A.I. can do for us in the decade of 2021:
Organizing information: solicitors across the ages have often been criticized by presiding justices for their failure to properly collate evidence. Solicitors (and barristers) are supposed to be assisting judges in their delivery of justice. A.I. will have great potential when it comes to matters such as eDiscovery, collating of evidence. That said, the first step will be to implement greater levels of e-filing and e-service (legal practitioners must get used to having things digitally rather than on paper!)
A.I. assisted advice/analytics: if there is one thing A.I. is good with it is the digesting of great amounts of data and turning them into knowledge. Whilst it should be up to the end users (e.g. the lawyers) to decide what to do with each set of collated analysis, the age of slow-digesting of papers should, where possible, come to an end. A.I. have, after all, been used for data mining for a long time. Further, the ability to use an A.I. to tell a client of their prospect of success (predictive A.I. is already in existence as mentioned above), may facilitate better settlement of disputes.
Predictions: solicitors (and counsels), whilst their position entails them to come up with arguments for their client’s case, will often find themselves falling victim to tunnel vision and buying too much in their own Kool-Aid. A.I. predictions will enable all parties to re-think their own course of action before taking it.
How Ravenscroft & Schmierer Can Help?
Ravenscroft & Schmierer advises clients on developments in the legal landscape, including technological changes affecting litigation and legal processes. The firm provides guidance on evolving practices such as digital evidence handling and the integration of tools within legal workflows. Clients seeking further information may contact us.
FAQ: Artificial Intelligence Courts Justice
Can artificial intelligence replace judges in courts?
Artificial intelligence is unlikely to replace judges, as judicial decision‑making involves discretion, fairness, and human judgment.
How can AI be used in court systems?
AI can assist in areas such as document review, case management, and analysis of legal data.
What are the benefits of AI in the judiciary?
AI may improve efficiency, reduce backlog, and assist in processing large volumes of information.
What are the risks of using AI in courts?
Risks include lack of contextual understanding, potential inaccuracies, and over‑reliance on automated systems.
Is Hong Kong ready for AI in the judiciary?
Further digitisation of legal processes will be required before AI can be widely adopted in Hong Kong courts.
This article is co-authored by Joshua Chu from ONC Lawyers
Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
For specific advice about your situation, please contact:
Litigation Partner
+852 2388 3899
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