Judges in England and Wales get an AI position statement: AI may assist, but must not decide cases

The judiciary of England and Wales published a position statement on judges' use of artificial intelligence on 9 October 2026, saying its approach "will be cautious but positive". The statement, signed by Sir Colin Birss as Lead Judge for Artificial Intelligence, says AI "may assist, but it must not displace reasoning, evaluation of evidence or the exercise of judicial discretion."

What the statement says

It opens by saying that "AI offers potentially transformative implications for justice", and that AI "will be adopted to support but not replace judicial decision-making and be subject to strict safeguards and robust testing."

The core principles include:

• "Judicial decisions will be taken by a judicial office holder."
• "Human oversight is essential. Every AI output used in judicial work must be reviewed, verified and approved by the responsible judicial office holder. The judicial office holder remains fully accountable."

A later paragraph repeats the line in harder terms: "AI tools must not determine the outcome of a case or displace judicial reasoning, analysis or discretion."

What has been piloted

The statement says work so far has "focused on lower risk use cases, testing secure tools in controlled settings before wider deployment". The pilots "have examined whether AI can support functions such as" summarisation, transcription, redaction, writing in accessible language, administrative and leadership tasks, chronology-building and document analysis.

It says the pilots also tested "the reliability of AI tools and their outputs, the degree of human checking required, the handling of sensitive material, and the safeguards necessary for operational use", and that lessons from them "have shaped this statement". The statement does not publish the pilots' results.

Which tools

"Only approved AI tools may be used for judicial purposes," the statement says, adding: "Due to the pace of change, these tools will not be listed here." Their features must include:

• UK data residency
• Enterprise data protection
• Disabled web access

Who decides

New use cases, products or pilots "will be considered by a centralised steering group, chaired by the Lead AI Judge", which will assess "legal, ethical, operational, security and data protection issues before they can proceed". It calls the group "the sole route for oversight of the development, piloting and deployment of AI tools". Any new tools "will require proper approval, evaluation and ongoing review before any wider deployment is contemplated."

The statement says the steering group will keep it under review and will change approved uses, safeguards or governance "where new pilots, evaluations, incidents or emerging risks make this necessary".

How it fits with the existing guidance

The statement does not replace the judiciary's AI guidance for judges. It says it "complements, and does not overlap with, the judiciary's published AI Guidance (latest update October 2025)". That guidance was first issued in December 2023 and updated in April and October 2025, according to the statement.

The two are aimed at different readers. The October 2025 guidance, published on 31 October 2025, "applies to all judicial office holders" for whom the Lady Chief Justice and Senior President of Tribunals are responsible, plus their clerks, legal advisers and support staff. Its announcement says it reminds them "not to enter private information into public AI tools". The new statement, by its own scope section, "guides senior judiciary working with the Judicial Office, His Majesty's Courts and Tribunals Service (HMCTS) and the Ministry of Justice on AI adoption". On our reading, the guidance covers how an individual judge should use AI, and the statement covers how the institution adopts and controls it.

Who signed it

The statement is signed by Sir Colin Birss as "President of the Business and Property Division" and "Lead Judge for Artificial Intelligence". The Business and Property Division came into effect on 1 October 2026, with its President "replacing the role of the Chancellor of the High Court", according to the judiciary. Sir Colin has been Lead Judge for Artificial Intelligence since 2023.

On 9 July 2026 the judiciary announced the King had approved his appointment as Master of the Rolls, which "will follow the retirement of Sir Geoffrey Vos". Sir Geoffrey announced in January that he would retire on 31 October 2026. Legal Futures reports that Sir Colin "becomes Master of the Rolls next month".

Separately, the Solicitors Regulation Authority is consulting until 3 December on updating the Statement of Solicitor Competence, including how it should reflect technology and AI, according to Today's Family Lawyer.

Why it matters

On our reading, the statement is aimed less at individual judges, whose own use the 2025 guidance already covers, than at how tools get in. It sets a gate: one steering group considers new tools and uses, every tool must meet three minimum features, and the judge stays accountable for AI output used in judicial work. The statement does not name the approved tools, so it gives outsiders no list of which products judges are using. The statement lists transparency among the things supporting its approach, without saying what will be published.