Top Judge Warns of AI-Generated "Bogus Laws" in Court Cases

Scotland's top judge, Lord Pentland, has issued a stark warning regarding the proliferation of artificial intelligence in court cases, highlighting the risk of "bogus laws" being presented as fact. The judge noted that AI software, which can "hallucinate" by generating fictitious legal information, is being used with increasing frequency.

Lord Pentland stated that generative AI assistants should be viewed as tools to support judicial work, not as replacements. A spokesman for the Judicial Office for Scotland confirmed that the Lord President's remarks specifically addressed the use of AI by unrepresented parties, leading to submissions that are often lengthy and flawed, a trend that has become noticeable. The office also noted that "aware of cases in other jurisdictions and the risks that they highlight, he urged all those appearing in court, including legal practitioners, to exercise particular care."

The Lord President made these comments during a speech in Edinburgh at the opening of the Scottish legal year. He also pointed to a surge in serious criminal cases that are placing significant pressure on the courts, rendering the current situation "no longer sustainable."

He elaborated that generative AI is being employed more and more by unrepresented parties. While acknowledging its potential to improve access to justice, he cautioned that it introduces considerable risk for those who rely on it without critical evaluation. Lord Pentland added that neither the court nor other parties appreciate their time being wasted with the citation of hallucinated court cases, the assertion of belief as fact, or references to legislation that does not exist. He confirmed that such instances have occurred in Scottish courts, with parties coming perilously close to contempt of court.

The legal profession, he stressed, needs to comprehend both the capabilities and limitations of AI. The judiciary is expected to be fully informed about the risks and benefits of any AI tool before its adoption, and appropriate training and support will be provided to uphold the integrity of the judicial system. Lord Pentland urged "tempered enthusiasm for AI" among lawyers, while also emphasizing that the legal profession must continue to embrace technology to remain competitive and thrive. He concluded that AI has the potential to aid daily work and foster a more effective and efficient justice system, but its use is not without risk and requires critical application to maintain high standards.

Concerns about AI misuse in legal settings are not isolated to Scotland. In June 2025, the High Court in England and Wales issued a warning following two separate cases involving fabricated legal authorities. One judicial review involved five cited authorities that did not exist, while another saw a claimant rely on 45 authorities, 18 of which were fictitious, with others containing bogus quotations. Following these incidents, Dame Victoria Sharp, President of the King's Bench Division, cautioned that AI misuse has "serious implications for the administration of justice," and warned that lawyers could face sanctions, contempt proceedings, and regulatory referrals.

A senior Scottish defence lawyer, speaking anonymously, described the use of AI as an "increasing problem," particularly with correspondence from party litigants drafted by AI that contains inaccurate legal citations. The lawyer shared an anecdote about a client who, based on AI-generated research, incorrectly believed a plea to driving under the influence of cannabis would not result in disqualification, citing a case that turned out to be from Saskatchewan and therefore irrelevant.

Separately, Lord Pentland addressed the mounting pressure on the justice system due to a surge in serious criminal cases. He stated that the Crown typically lodged fewer than 100 indictments a month for serious criminal offenses in the High Court, a figure that has now risen to an average of over 150 per month. Projections suggest this number could exceed 200 per month within the current legal year, more than doubling the rate from just two years prior. Lord Pentland noted that the High Court is now facing both a higher volume and greater complexity of cases, stating that the system's finite capacity means adaptations to the current model are insufficient, and "modernisation is no longer optional."