England and Wales Judiciary Issues Formal Position Statement on AI Use by Judges, Barring AI-Driven Decision-Making and Establishing Centralised Oversight

Sir Colin Birss, the lead judge for artificial intelligence and incoming Master of the Rolls, published a formal position statement on 9 October 2026 setting out how AI tools may and may not be used by judges in England and Wales. The statement establishes a cautious but affirmative approach: AI tools will be permitted to support judicial work, but must not determine the outcome of any case or displace judicial reasoning, analysis, or discretion. The position statement follows judicial guidance first issued in December 2023 and is informed by pilot schemes exploring transcription, document analysis, and leadership tasks, the results from which have been integrated into the updated guidance. Sir Colin Birss noted that AI offers 'potentially transformative implications for justice' but that its use must be consistent with the judiciary's obligation to protect the integrity of the administration of justice and uphold the rule of law. Key requirements under the statement include: every AI output used in judicial work must be reviewed, verified, and approved by the responsible judicial office holder; human oversight is described as essential; and the judicial office holder remains fully accountable for all material produced. A centralised steering group led by the lead AI judge will serve as the sole route for oversight of the development, piloting, and deployment of AI tools, and as the escalation route if concerns arise. Sir Colin Birss, who was the first known judge to use ChatGPT to assist in drafting part of a judgment in 2023, emphasised personal accountability: 'I am not trying to give the responsibility to somebody else.' The statement follows comments from outgoing Master of the Rolls Geoffrey Vos suggesting the public is likely to accept AI-assisted decisions in time. The position statement applies to the use of AI across the judiciary and does not address the use of AI by parties or their representatives in litigation.