Artificial Intelligence has Arrived for Criminal Sentencing

We will be seeing the use of artificial intelligence (AI) in the Malaysia courts for the first time this week. AI will be used to give guidance to a Magistrate Court Judge on the sentencing of certain criminal offences. The public prosecutor and the defence counsel will still get a chance to submit and comment on the sentencing guideline generated by the AI system. The Magistrate Judge will have the final discretion on the sentence to impose.

This article will set out how this AI system will be implemented. This is based on the various news reports (see here, here and here) and the presentation made by the Chief Judge of Sabah and Sarawak Tan Sri Datuk Seri Panglima David Wong Dak Wah at the Selangor Bar Civil Law Conference on 14 February 2020. I anticipate that there will be more clarity once the system is up and running. Continue reading