---
title: "Protocol: AI-assisted review of the prosecution brief and digital evidence"
url: "https://ailawframework.com/precedents/criminal-law/ai-brief-and-digital-evidence-review-protocol"
type: "precedent"
site: "AI Law Framework"
id: "a20-ai-brief-and-digital-evidence-review-protocol"
area_id: "A20"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/criminal-law/ai-brief-and-digital-evidence-review-protocol  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Criminal Law](https://ailawframework.com/precedents/criminal-law.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for New South Wales.

## 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).

## Authorities

- [Criminal Procedure Act 1986 (NSW) Ch 6 Pt 2A, ss 281A–281F (sensitive evidence)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-209#sec.281B)
- [Director of Public Prosecutions Act 1986 (NSW) s 15A (disclosure by law enforcement officers)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-207#sec.15A)
- [Evidence Act 1995 (NSW) ss 146, 147 (evidence produced by processes, machines and other devices)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1995-025#sec.146)
- [Supreme Court of NSW Practice Note SC Gen 23 paras 6–9B (definition of Gen AI, risks, restricted material, permitted uses)](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Local Court of NSW Practice Note – Generative Artificial Intelligence (adopting SC Gen 23 for all Local Court proceedings from 12 January 2026)](https://localcourt.nsw.gov.au/documents/practice-notes/other/Practice_Note_Generative_Artificial_Intelligence_Commences_12.01.26.pdf)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 rr 4.1.3, 9, 37](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/criminal-law/ai-brief-and-digital-evidence-review-protocol and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*