The CCBE has issued a statement on the increased use AI tools in the justice system.
“It is crucial that the use of AI fully respects fundamental rights, and in particular the right to privacy and family life, the right to freedom of expression, the right to non-discrimination and the right to a fair trial,” the statement points out.
AI should not undermine the ethical standards to which the profession is bound, in particular the confidentiality of communications between lawyers and clients which is essential to uphold the rule of law, the CCBE adds.
Effective human oversight of AI is a precondition of a justice system governed by the rule of law, it states.
The decision-making process must remain a human-driven activity.
In particular, human judges must be required to take full responsibility for all decisions and a right to a human judge should be guaranteed at all stages of the proceedings.
Ai systems must also developed with full respect for the diversity of linguistic contexts and legal traditions in which they are to be used.
AI tools must respect the principle of non-discrimination and the principle of presumption of innocence.
Threat to justice
The CCBE believes that any actual or potential risk to the proper and fair functioning of the justice system is a threat to justice itself.
The CCBE also considers that the use of some new technologies, such as predictive and profiling AI tools in law enforcement and criminal justice, may pose unacceptable risks in a democratic society.
Therefore, together with other stakeholders, the CCBE has called for banning of such technology.
Before any AI tools are used in the justice system and law enforcement, the CCBE calls for a set of defined rules and principles governing their use.
The CCBE backs the work of regulators in ensuring that the use of AI tools in the justice system and law enforcement is appropriately controlled.
In particular, these regulations must respect the right to a fair trial and the right to a human judge.
The rules governing the use of AI tools must be grounded in a clear set of ethical principles, as well as a deep understanding of the ethical principles that underpin the justice system.