Digital disclosure – the key to tackling fraud?
The legal sector is on the cusp of a transformative shift as it responds to the growing scale and complexity of fraud in the digital age. With fraud now accounting for over 40 per cent of all recorded offences in England and Wales, the UK government has launched Part Two of its Independent Review of Disclosure and Fraud Offences, led by Jonathan Fisher KC. This follows Part One, which focused on “Disclosure in the Digital Age” and addressed how the justice system must evolve to keep pace with rapidly expanding volumes of digital evidence.
In a recent article for the Law Society Gazette, Spencer West Partner Lisa McKinnon-Lower examines the increasing role of artificial intelligence (AI) in streamlining the legal disclosure process. Lisa notes that traditional, manual review methods are no longer sustainable – especially as agencies like the Serious Fraud Office (SFO) dedicate a significant portion of their budget (25 per cent in 2023) to disclosure obligations. The integration of AI and technology-assisted review (TAR) could provide a faster, more accurate approach to evidence analysis, benefiting both the prosecution and defence.
However, Lisa also highlights the risks associated with AI in disclosure: potential bias, loss of context, cybersecurity threats, and the need for human oversight. Legal accountability remains paramount. Missteps could lead to challenges based on Article 6 of the European Convention on Human Rights or claims of procedural unfairness in both criminal and civil courts.
To mitigate these risks, Lisa advocates for clear protocols, human verification, audit trails, and sufficient training. While AI can enhance efficiency, it must operate within a framework of transparency, fairness, and legal integrity.
Her analysis underscores a broader truth: embracing technology in the justice system is essential – but must be done with caution, care, and a deep understanding of its implications.
Read Lisa’s full article in the Law Society Gazette here: Digital disclosure – the key to tackling fraud?
