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Courts in several jurisdictions are drawing a boundary between using AI to assist judicial work and letting it decide cases: a judge must retain control and responsibility for rulings. But there is no single global position. Spain, Arizona, Victoria and Brazil set limits on AI decision-making, while China’s Supreme People’s Court promotes broader AI integration in judicial work. The examples do not establish that the “world’s largest courts” share one policy or that courts generally reject AI.
What courts mean when they reject AI decision-making
The central distinction is between a tool that helps a judicial officer work and a system that makes a judicial decision in that officer’s place. Rules in Spain and Victoria explicitly prohibit AI from replacing judicial decision-making while allowing certain forms of assistance. Arizona also says AI cannot make rulings or other decisions, even as the court continues to test approved tools.
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That distinction matters because “courts ban AI” can wrongly suggest that every use is prohibited. In the jurisdictions described here, the restrictions focus on who decides and who remains accountable—not necessarily on whether AI can be used at all.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsHow the policies differ by jurisdiction
| Jurisdiction or body | Position in the cited material | What that means in practice |
|---|---|---|
| Spain — General Council of the Judiciary | Instruction 2/2026 requires effective human control and prohibits AI from substituting for judges in decisions, fact or evidence assessment, and interpretation or application of law. | AI may provide support or assistance. Systems used in judicial activity must be provided by competent justice administrations or the General Council of the Judiciary. A judge must personally, completely and critically review and validate AI-generated judicial drafts, and retains responsibility. The instruction also specifies protections for judicial data. |
| Arizona — Supreme Court | The court declined a proposed temporary ban on judges’ use of generative AI, but says judges cannot use AI to make legal rulings or other decisions. | Court-approved AI may support efficiency, backlog reduction, operational effectiveness and access to justice. A committee is to report by March 1, 2027. |
| England and Wales — Courts and Tribunals Judiciary | An October 2025 guidance announcement applies to judicial office holders and listed support staff, and emphasizes integrity, the rule of law and personal responsibility. | The announcement stresses that judicial officers remain responsible for material produced in their name. It does not, by itself, establish which particular AI uses are permitted or prohibited. |
| China — Supreme People’s Court | Its opinions call for deeper AI integration across judicial work. | The policy describes AI support for evidence guidance and review, legal and precedent retrieval, adjudication assistance, and document generation and review. This is a significant counterexample to the idea that courts everywhere are saying no to AI in judicial work. |
| Victoria, Australia — Supreme Court | May 2026 guidance states that judicial officers must not use generative AI for judicial decision-making. | Supportive uses include organizing and locating case material, summaries and chronologies, legal research assistance, and proofreading. Case-related use requires court-approved tools. |
| Brazil — National Council of Justice | Resolution 615/2025 permits generative AI in supportive roles with safeguards and prohibits autonomous judicial decision-making. | Judicial guidance, interpretation, verification and review are required; the judge remains responsible. The resolution also addresses confidential data. |
Why the human decision-maker remains central
Keeping a judge responsible is not just a matter of signing a document after an AI system produces it. Spain’s instruction calls for personal, complete and critical review and validation of AI-generated judicial drafts. Brazil’s resolution likewise requires judicial guidance, interpretation, verification and review rather than autonomous decision-making.
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The Arizona Supreme Court put the principle directly: “Decision-making is a human function and a core judicial responsibility that cannot be delegated to AI or anyone else.” In England and Wales, Lord Justice Birss, Lead Judge for Artificial Intelligence, said the October 2025 guidance reinforces the “personal responsibility judicial office holders have for all material produced in their name.” These statements frame AI as a possible aid, not a substitute for the judicial officer’s own responsibility.
What kinds of AI use can remain permissible
Where supportive use is allowed, the examples are bounded and vary by jurisdiction. Victoria lists help organizing or locating case material, preparing summaries and chronologies, legal research assistance, and proofreading. Spain allows support or assistance, subject to its limits on systems and human review. Arizona says approved AI may help with court efficiency and access to justice, without making rulings or other decisions.
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China’s policy describes a broader range of support, including evidence guidance and review, legal and precedent retrieval, adjudication assistance, and document generation and review. Brazil’s resolution permits support under safeguards, but the available description does not specify a matching list of tasks. These differences make it misleading to treat all approved “AI assistance” as one uniform category.
Approved tools and sensitive court information
Permission to use AI does not necessarily mean permission to use any tool. Spain limits judicial activity to systems provided by competent justice administrations or the General Council of the Judiciary. Victoria requires court-approved tools for case-related matters. Spain’s instruction and Brazil’s resolution also address protections for judicial or confidential data.
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Those controls are part of the policy boundary: the question is not only whether AI may assist, but also which system may be used and how case information is handled. The cited materials do not establish identical security requirements across the jurisdictions.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why the headline cannot be read as a global consensus
“The world’s largest courts” is not a defined or measured group in the cited policy materials, and they provide no common count or percentage of courts that prohibit AI decision-making. They also have different forms and scopes: Spain’s instruction, Arizona’s court position, Victoria’s guidance, Brazil’s resolution, China’s policy opinions and the England and Wales guidance announcement are not interchangeable instruments.
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They differ in the people covered, the tasks restricted, the permitted support, and the controls on tools and information. In particular, the October 2025 England and Wales announcement is not the full guidance text, so it supports claims about coverage and the responsibility principle but not a detailed list of permitted or prohibited use cases. China’s position further demonstrates why the evidence does not support a simple worldwide “no.”
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A practical way to read any court’s AI policy
- Identify the instrument. Check whether the position comes from a statute, court rule, instruction, resolution, policy or guidance; those forms may not have the same force.
- Check who is covered. A rule may apply to judges, other judicial officers, support staff, or a combination.
- Find the exact boundary. Look for whether it bars autonomous rulings, assessment of facts or evidence, legal analysis, or all case-related use.
- Separate support from delegation. Note what tasks remain allowed and what level of human review is required.
- Check tool and data controls. Determine whether tools must be institutionally approved and what safeguards apply to confidential or judicial information.
- Locate accountability and disclosure rules. Establish who is responsible for AI-assisted work and whether the policy addresses disclosure or auditing; the examples summarized here do not establish a common approach on those points.
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