AI Must Remain As An Assistive Tool, Not Decision Maker
He said while AI had the potential to transform human endeavour, it must remain an assistive tool and not a decision-maker, particularly in the criminal justice system.
"AI should be an assistant, not a decision maker. In Sabah, where AI sentencing tools were piloted, the model once recommended a 10-month imprisonment with a probability of 54 per cent for an offence under the Dangerous Drugs Act 1952, but the magistrate imposed 12 months instead.
"The message is clear, AI can assist, but human judgment must prevail,' he said during a plenary session titled 'Criminal Justice Reforms: Ensuring Ethical AI in Criminal Justice Proceedings' held in conjunction with the ASEAN Law Forum 2025 at the Kuala Lumpur Convention Centre today.
Harmindar, who is also chairman of the Criminal Law Review Committee, emphasised the need for proper rules, safeguards and a clear risk-based approach before adopting AI in judicial processes.
"Singapore has already issued guidelines for AI use in courts, and the Philippines is drafting an AI governance framework for its judiciary. Malaysia and other ASEAN member countries must follow suit.
"We need a framework for ensuring responsible use of AI. This includes an assessment of risks, mitigation measures, and ensuring AI use cases are tested for bias, reliability and transparency before adoption,' he said while cautioning that while AI was a powerful technology, its application in criminal justice should be approached with vigilance.
'We must always remain accountable. If AI is to be used in the justice system, we must approach it with our eyes wide open, ready to address the risks in order to reap the benefits,' he added.
Speaking from Singapore's perspective, counsel Colin Seow of Colin Seow Chambers said the Singapore Police Force had incorporated AI into digital forensics, enabling investigators to automatically sift through seized devices for child sexual abuse material and significantly improve the speed and accuracy of investigations.
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