A senior crown prosecutor for the Crown Prosecution Service (CPS) referenced a nonexistent legal precedent in a high court case, according to court documents reported by The Guardian. The error, which stemmed from an AI-generated internet search, was described as a “serious failure” by an academic expert in AI and law. The CPS admitted the mistake, stating that human checks for accuracy are required under its AI policy, and conducted an internal review to ensure no other cases were affected.
This incident is one of more than 100 AI-related errors tracked in UK legal proceedings this year, with most cases involving non-lawyers representing themselves. However, this is only the second known case involving the CPS, the main public prosecutor for England and Wales. The high court said the error did not affect the outcome, but called on legal bodies to address the risks posed by AI-generated content as a matter of urgency.
Senior judges and legal experts have warned that misuse of AI in court proceedings could undermine public confidence and the administration of justice. Lawyers found misusing AI may face sanctions, including public admonishment or referral to the police. The CPS said it has reinforced its guidance to ensure legal citations are drawn only from trusted sources.
