AI should be explored to improve linguistic access to justice in Wales, Dame Sue Carr has said in her first official speech as Lady Chief Justice.

Carr, who was sworn in as head of the judiciary on 4 October, told the Legal Wales Conference last Friday that linguistic access to justice was inherent in the right to a fair trial. Open justice required the public to be able to easily understand what is happening in court.

'As we all know, the significance of the need to use Welsh was for too long under-recognised. English is a foreign language for many Welsh people. In north-west Wales in particular, Welsh is the main, and sometimes only, language spoken. Any party has a right to use the Welsh language, and parties are required to assist the court to that principle into effect; a point recently emphasised by the introduction of dedicated provision to that effect in the Civil Procedure Rules as well as its updated practice direction on the use of the Welsh language in the civil courts in or having connection with Wales,' she said.

While funding is being provided to train Welsh judges on new Welsh legislation, Carr suggested Legal Wales or the newly created Law Council of Wales could explore the use of AI to promote Welsh language accessibility.

'At one time automated language translation was perhaps not entirely accurate. Recent developments, though, have demonstrated significant improvements in automated translation,' Carr said.

'The availability of neural machine translation, a form of AI, has brought the possibility of low-cost, speedy and accurate translation within the reach of courts across the world. Such translation could be used to enable judges, parties, witnesses, as well as members of the public attending court, to take part effectively in and access proceedings in the language most appropriate to their individual circumstances. It could also be used to facilitate media access in Welsh to all proceedings in our courts through, for instance, automated judgment translation.'

The central point, Carr said, was to consider 'perhaps more than we have in the past, how we can use targeted, discrete, technological innovation to improve access to justice'.

 

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