Using AI in Criminal Proceedings
Seeing an increasing in the use of AI technology we explain the issues you may have by relying on it to analyse your case or prepare any legal documents for criminal proceedings. As we are all aware, the world of technology is ever changing, and the use of Artificial Intelligence (AI) is becoming common in everyday life. Whilst in some aspects of life AI is an excellent tool and if used right, can aid people in many ways, this blog considers whether it is ethical, or even legal to use AI to generate documents, statements, character references or versions of events in criminal cases.
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At Eventum Legal we specialise in providing legal advice and representation to people accused of some of the most serious domestic
and sexual abuse. Many of our cases involve witnesses who are asked to prepare statements. Being asked to be a witness in a criminal case can be daunting, and you may be wondering whether or not you should become involved, and if so, what are the potential implications for you. However, if you do provide evidence, it is important that the information you provide is truthful, accurate and credible. This advice extends to those accused of domestic or sexual abuse, using AI to provide you with answers to what your lawyers, the police or third party services require can put you in a very dangerous and vulnerable position, leading to you putting your defence in doubt.
Human or Robot?
We are noticing that more people are using AI technology to generate versions of events, character references or witness statements. This is a serious concern to lawyers who then have to present your case to the police or prosecuting authorities.
“This statement is true to the best of my knowledge
and belief and I make it knowing that, if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be
false, or do not believe to be true.”
The danger you fall into when using AI assistance to provide you with a statement of any kind in criminal proceedings is that it is not a complete true reflection of your evidence, it is not what you seen, how you felt, or your personal opinion on the affects that a particular event may have brought upon a person. If your statement is not true, and it is signed and tendered into evidence you could be held liable for prosecution of a criminal offence such as, perverting the course of justice.
Additionally, although you may feel that if your statement is written or checked by AI then it must be correct, it could actually have the opposite effect of what you intended and not be an accurate reflection at all. AI can process data, but it cannot fully understand human emotions or the complexities of a person's experience.
If a statement is written with AI it may lead to them feeling robotic, impersonal, and potentially less credible. AI tools do not know your circumstance, the circumstances of the case, and why you are writing a character reference for a person, AI does not know them and therefore the reference could be fraught with errors.
Witness statements and character references often rely on emotional understanding and personal context, as well as interpretative judgment of a person, something which AI systems are unable to fully replicate.
Potential For Inaccurate of Fabricated Information
AI systems depend on the quality and accuracy of the data they are programmed on. If the AI is programmed on biased or incomplete data, it may generate statements that are misleading or false. AI can also unintentionally fabricate information when it doesn't have sufficient or accurate instructions, leading to unreliable statements. It is a criminal offence to pervert the course of justice. There are serious repercussions if a statement goes before the court which contains inaccurate or false information.. It is important to always put forward accurate information as failure to do so may cost someone their freedom and reputation, but could also lead to the commission of a criminal offence by the person supplying the information to the court.
Using AI Instead of a Lawyer
We have experience of clients who have entered aspects of their case into an AI platforms such as ChatGPT and the system has responded with generalised information, all of which was not relevant to our client’s life, background, personal circumstances, or circumstances of the alleged offence. The danger of opting for the use of AI instead of instructing a lawyer is that AI does not know the exact circumstance of your case, they do not know the person making the complaint, they cannot make enquiries on your behalf and engage with the police or Crown Prosecution Service to consider potential issues for your defence, and importantly they do not know you.
Criminal Lawyers have spent many years training in order to provide advice and represent vulnerable people who are facing criminal allegations. We are regulated and our advice is based on experience and knowledge, in addition knowing our client through the hours we spend with them to understand their case.
At Eventum Legal we pride ourselves on providing a tailored approach to all cases, it is by doing this we achieve results. AI technology cannot provide you with the reliability and security you need when you are at your most vulnerable.
I Have Used AI to Generate a Document In Criminal Proceedings. What Should I Do?
You need to tell someone. Whether we are acting for you or whether you are a complainant. You must tell your lawyer that you have used AI to generate a document.
As Legal professionals we all must oversee the deployment of AI systems to ensure that their use adheres to ethical and legal guidelines. If we are unaware that you have used AI we cannot oversee it. Oversight involves examining whether the AI algorithms are transparent, unbiased, and aligned with fundamental legal principles such as fairness, justice, and due process.
As a firm we offer support and guidance to referees, defence witnesses and defendants throughout the preparation of their case and urge all witnesses and those accused to discuss their cases with us rather than turning to AI.
How We Can Help You to Prepare Your Case For Court
Our lawyers are an experienced and dedicated team, we offer a personalised approach to our client's defence and therefore our preparation is carefully and specifically tailored your case. We are well equipped and leave no stone unturned, working with some of the country's leading experts and barristers you are provided with a strong team to ensure your case is strongly presented and most of all you are looked after and supported throughout the process.
We Can Help With
An explanation as to what the difference is between indecent images and prohibited images, and how we can defend your case.
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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