Checklist · Criminal Law

Protocol: AI-assisted review of the prosecution brief and digital evidence

Matter-level checklist for using AI to index, transcribe and search a criminal brief: what may never go into an AI tool, the SC Gen 23 conditions for restricted material, tool approval, verification and record-keeping.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use at the start of any defence matter where AI tools will be used on the brief, CCTV, body-worn video, phone extractions or interview recordings. It is not a substitute for the firm's AI policy; apply both.

How AI may be used

This protocol is itself the control. Within it, AI may index, transcribe, search and summarise permitted brief material in an approved tool; every output used in court work is verified against the source by a lawyer.

AI may

  • Build chronologies, indexes, witness lists and exhibit maps from permitted brief material (SC Gen 23 para 9B).
  • Transcribe and search recordings in an approved tool, as a finding aid only.
  • List apparent gaps between the brief and the served inventory for a disclosure request.

AI must not

  • Must not copy, photograph or upload sensitive evidence; it can only be viewed under the prosecution's supervision (s 281D).
  • Must not put restricted material into any Gen AI program unless the para 9A conditions are met, and never into a consumer tool.
  • Must not put the client's instructions or admissions into any consumer or public AI tool.

The lawyer checks

  • Every quotation, timestamp and page reference used in cross-examination plans or submissions is checked against the original.
  • The tool approval record shows no training on inputs, data location, retention and deletion terms.
  • The supervising solicitor has signed off the protocol for this matter (r 37).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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