Lewes Crown Court, England: a rape trial was stayed part-way through and the jury discharged after documents on the complainant's phone, which the complainant said came from putting material into AI to prepare for court, were treated as witness coaching; the Court of Appeal reversed the stay on 4 June 2026 and ordered a retrial
During a rape trial at Lewes Crown Court, a download of the complainant's phone revealed two documents containing a summary of the complainant's recollection of the night in question and 24 questions in the form of a cross-examination, with suggested answers. Asked about them, the complainant said: 'I had put stuff into AI to help me prepare myself for the court'. The trial judge (a Recorder) held that this was witness coaching, found that the defendant could not have a fair trial and stayed the proceedings as an abuse of process; the jury was discharged when the prosecution gave notice of appeal. On 4 June 2026 the Court of Appeal (R v FGD [2026] EWCA Crim 918) reversed the stay, holding that the trial process could deal with any prejudice, and directed a retrial at the earliest opportunity because the allegations were 'now of some age'. The defence did not accept that the documents were AI-generated; the appeal proceeded on that basis. The court warned that witnesses should be firmly discouraged from using AI to prepare their evidence and that, for complainants in sexual-offence cases, doing so may expose their online activity to wider and more intrusive investigation.
AI involvement reported · Causal attribution supported · 3 sources, 1 underlying account · Added 29/09/2026