Artificial Intelligence (AI) has forced judiciaries worldwide to grapple with a range of new evidential issues, Chief Justice Ivor Archie has admitted.
“And, if we fail to embrace emerging technologies and modern thinking, then we are lost.”
However, the Judiciary is poised to take on the challenge and is working towards the ultimate goal of an e-judiciary with re-purposed and appropriate buildings, fit for purpose, to deliver faster more effective services.
It is also the Judiciary’s short to medium-term goal to migrate to virtual and hybrid courts and focus on criminal cases with the promotion of judge-only trials while building courts for jury trials.”
On the challenge AI posed to judiciaries, Archie said blockchain technology appeared to be the most viable solution for secure authentication and eliminating forgery.
“All these issues ultimately must be managed and resolved by courts. It’s not just the judges who have to be educated. We are surrounded by a myriad of support systems without which we cannot function.
“Courts are information management systems and, at every level, new and different skill sets are required.
“... New challenges require legislation, rules, modernisation.”
He said globally, AI and robotic process automation (RPA) are being used to sift through thousands of e-filed documents and categorise them based on content and relevance to cases; analyse legal texts, precedents and regulations to assist judges and lawyers; AI-powered chatbots to handle basic queries from the public about case status and procedures, scheduling; notifying stakeholders about case updates; compliance and reporting, work flow automation and automated transcription, among others.
“These technologies do not replace human beings, but release them to focus on tasks that require complex decision making or nuanced understanding, thereby increasing efficiency, accuracy and job satisfaction.
“We have to get ahead of the evolutionary wave and leave the coming generation with an institution that is fit for purpose and employs in keeping with their career development aspirations and their desire for mobility and agility.
“We want to create a system for when I am gone, that will also function now!”
Archie also said blockchain can be used to create records, making it impossible to be tampered with; create smart contacts for the enforcement of legal agreements or court orders; provide an “immutable record of evidence handling” reducing the risk of tampering; identity verification to ensure that e-filed documents and digital court proceedings can only be accessed by authorised individuals while allowing for the secure and transparent tracking of transactions.
The district courts - formerly magistrates’ courts - are expected to be re purposed for different types of matters to be heard at different locations with upgraded technology, and physical and cyber security.
“Obviously, all of this will require restructuring and realignment of staff. We propose to do this using a phased approach in which no one will
