Law360, London (October 12, 2026, 5:33 PM BST) -- Justice Colin Birss has warned judges in England and Wales that they must not allow artificial intelligence to replace their own decision-making.

The Court of Appeal justice said in a position statement on judicial AI use published Friday that AI could be "potentially transformative" — but he stressed that the technology must support judicial discretion rather than replacing it. Judges must also only use approved AI tools, the next Master of the Rolls added.

"Judicial decisions will be taken by a judicial office holder," Justice Birss said. "AI may assist, but it must not displace reasoning, evaluation of evidence or the exercise of judicial discretion."

Human oversight is also crucial, according to Justice Birss, who is also the judiciary's lead on AI.

"Every AI output used in judicial work must be reviewed, verified and approved by the responsible judicial office holder," Justice Birss said. "The judicial office holder remains fully accountable."

The statement complements the judiciary's AI guidance, published in October 2025. Justice Birss said the judiciary is taking a "cautious but positive approach" to the technology, with work so far focused on pilot programs to test its functionality.

"The judiciary focused on lower risk use cases, testing secure tools in controlled settings before wider deployment," Justice Birss said.

Potential uses include summarization, redaction and document analysis, he added.

Justice Birss also said all AI tools available to judges must store data in the U.K., provide enterprise-level data protection and have web access disabled.

The statement came as the judiciary announced on Sunday that it is piloting technology to allow judges to join hearings remotely. The pilot will begin at Crown Courts in Sheffield, northern England, and Woolwich, southeast London.

Justice Birss is currently head of the Business and Property Division of the High Court. Justice Birss will become Master of the Rolls — the second-most senior judicial figure in England and Wales — later in October succeeding Justice Geoffrey Vos.

The incoming Master of the Rolls has long championed the role of AI in the judiciary. He disclosed in May that he was improving his judgments by using AI to check for clarity and consistency — although he hinted at the time that having the technology write rulings from scratch would be a step too far.

Justice Vos has also encouraged lawyers to get on board with the technology. He urged the profession in 2024 to "shun the Luddites" who refuse to drop manual processes for AI where it would be quicker and cheaper.

--Editing by Joe Millis.

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