Ex-Federal Court Judge Warns Against AI as Decision-Maker in Criminal Justice

KUALA LUMPUR – Any use of artificial intelligence that affects individuals’ rights must only be introduced after rigorous testing and with strict oversight, said former Federal Court judge Harmindar Singh Dhaliwal.

Speaking at the Asean Law Forum 2025 at the Kuala Lumpur Convention Centre, he stressed that AI should remain an assistive tool and not a decision-maker, particularly in criminal justice. He cited a Sabah pilot project where an AI sentencing tool recommended 10 months’ imprisonment for a drug offence, while the magistrate imposed 12 months instead.

AI or not?

“AI should be an assistant, not a decision maker… human judgment must prevail.”
Harmindar Singh Dhaliwal

Harmindar, who also chairs the Criminal Law Review Committee, urged Malaysia and Asean countries to adopt frameworks similar to Singapore and the Philippines, which are developing artificial intelligence guidelines for courts.

Singaporean counsel Colin Seow also shared how artificial intelligence is being deployed in digital forensics and financial crime detection, highlighting its role in speeding up investigations and enhancing cross-institution collaboration.

The three-day forum brought together over 300 participants from Asean and beyond, discussing artificial intelligence in justice, dispute resolution, and business reforms.