The judiciary in England and Wales has formalised its approach to the integration of artificial intelligence within legal proceedings. This framework includes specific guidance on managing the risks posed by AI hallucinations to ensure the integrity of the administration of justice.
AI hallucinations judicial guidance: scope and risks
The Courts and Tribunals Judiciary updated its guidance for judicial office holders in October 2025. This document explicitly addresses the risks associated with AI-generated content, specifically noting the issue of AI hallucinations, where systems generate incorrect or misleading information. This guidance expands upon previous iterations, providing a glossary of terms and specific advice regarding the potential for bias in training data. The guidance serves to ensure that judicial office holders are aware of the limitations of these tools when they are utilised in professional capacities.
Judicial responsibility and oversight
Lord Justice Birss, the Lead Judge for Artificial Intelligence, has emphasised that any use of AI by the judiciary must remain consistent with the overarching obligation to protect the integrity of the administration of justice and uphold the rule of law. The guidance mandates that judicial office holders maintain personal responsibility for all material produced in their name. This includes strict protocols regarding confidentiality, with specific instructions not to input private information into public AI tools, and procedures for reporting inadvertent disclosures.
A cautious approach to adoption
The judicial position on AI is described as cautious but positive. The approach focuses on supporting—rather than replacing—judicial decision-making. Any adoption of these tools is subject to robust testing and strict safeguards. The judiciary’s position statement highlights that the use of AI must support judicial independence, impartiality, and fairness. The October 2025 guidance identifies judicial office holders for whom the Lady Chief Justice and Senior President of Tribunals are responsible, along with their clerks, judicial assistants, legal advisers or officers and support staff. It should not be presented as a single rule covering every UK legal jurisdiction or all legal professionals.
Sources and further reading
Artificial Intelligence (AI) – Judicial Guidance (October 2025) - Courts and Tribunals Judiciary
https://www.judiciary.uk/guidance-and-resources/artificial-intelligence-ai-judicial-guidance-october-2025/
Position Statement on the Judicial use of Artificial Intelligence (AI) - Courts and Tribunals Judiciary
https://www.judiciary.uk/guidance-and-resources/position-statement-on-the-judicial-use-of-artificial-intelligence-ai/