Algorithm-based digital decision making is already
working behind the scenes in the justice system, the deputy head of civil
justice has revealed. In an upbeat speech last month, Lord Justice Birss said
that algorithm-based decision making - controversial because of the possibility
of built-in bias - is already solving a problem at the online money claims
service.
It was one of three examples of advanced technology in
the justice system mentioned by the lord justice, illustrating science fiction
author William Gibson's phrase 'the future is here - but not evenly
distributed'. A digital justice system 'already exists to a significant
extent', Birss told King's College London Law School.
In the civil money claims system, he said, an
algorithmic formula is applied where defendants accept a debt but ask for time
to pay. The old paper-based formula for calculating staged payments ‘was not
really secret but nor was it published in any clear way,’ the judge said. As a
result, two different formulae were used in various parts of the court system.
'The differences were small, but they did exist,'
Birss said. 'In designing this bit of the online system, the relevant members
of the rule committee decided which formula to use as being the appropriate one
and made provision in the rules that the formula would be applied by the
computer automatically.' As before, it is open to judicial override. However,
the judge said, 'As far as I know this is caused no difficulty of any sort and
attracted very little comment.'
Source: https://www.lawgazette.co.uk/news/courts-already-using-automated-decision-making-lord-justice-birss-reveals/5119197.article
