Legal Technology and Bias: A Threat to Fair Trial Rights?

This paper examines whether bias in legal technology poses a threat to the right to a fair trial, a cornerstone of democratic justice systems. Drawing on examples from the UK, US, and EU, it critically analyses how algorithmic bias in tools like predictive recidivism algorithms, auto- mated visa processing, and facial recognition systems can perpetuate discrimination, undermine judicial impartiality, and erode procedural fairness. Key arguments highlight the ‘black box’ nature of AI systems, which obscures decision-making processes, and real-world cases such as the COMPAS algorithm’s racial disparities and the UK Home Office’s biased visa tool. The findings reveal that while legal technology offers efficiency gains, inherent biases, stemming from flawed training data and opaque algorithms jeopardize Article 6 of the European Convention on Human Rights (ECHR) protections in the UK. Existing safeguards, including data protection laws and judicial review, are insufficient due to enforcement gaps and limited transparency. As of 2025, with the EU AI Act partially in force, ongoing developments underscore the need for vigilance. The paper concludes that without robust reforms, such as mandatory bias audits and independent oversight, legal technology risks violating fair trial rights, recommending policy enhancements to ensure equitable integration into justice systems.