Ravinder Dhillon, a senior crown prosecutor for the CPS, referenced a fabricated legal case, 'CPS – R v J [2024] EWCA Crim 3529', during a high court dispute. The case concerned whether a child should be prosecuted for the alleged rape of his younger sister. The citation was later found to be nonexistent.
The Guardian reported that the nonexistent reference is understood to have originated from an AI response generated during an internet search. Dhillon's explanation for the error was deemed "unsatisfactory" by two senior high court judges and a "serious failure" by an AI and law expert.
This incident marks the second known case where the CPS has been involved in AI-related errors this year. In February, the CPS admitted that one of its lawyers cited nonexistent legal authorities in an extradition case, also likely caused by AI. That previous error was only discovered when opposing lawyers could not find the cited cases.
The legal challenge involved lawyers for the accused boy contesting the CPS's decision to prosecute, arguing that prosecutors had not considered representations from social workers, youth workers, and a forensic psychologist. Dhillon was arguing for the prosecution of the child when she submitted the erroneous citation.
This event adds to a growing number of cases this year where AI-related errors have impacted court proceedings, though most have involved self-represented individuals. The involvement of a senior prosecutor from the main public agency for criminal prosecutions in England and Wales highlights concerns about the reliability of AI tools in legal research and their potential to introduce inaccuracies into the justice system.
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A senior Crown Prosecution Service (CPS) prosecutor cited a nonexistent legal precedent in a high court case, which is understood to have originated from an AI-generated internet search. This error has raised concerns about AI hallucinations affecting the justice system, marking the second known instance involving the CPS.