Stephen Twist Barrister, mediator, arbitrator

Stephen Twist Barrister, mediator, arbitrator Since 2014, a conflict resolution service, dedicated to resolving disputes no matter how intractable

Since 2014, a conflict resolution service, dedicated to resolving disputes no matter how intractable

Tillie faces Bar Standards Board hearing
24/05/2026

Tillie faces Bar Standards Board hearing

A post about the ongoing regulation of legal AI entities

A post about what the BSB really requires of you when you use AIHave you yet read the Bar Standards Board (BSB) guidance...
19/05/2026

A post about what the BSB really requires of you when you use AI

Have you yet read the Bar Standards Board (BSB) guidance on the use of Artificial Intelligence? If you have, you will have been reminded what you already know about duties and risks, but maybe not advised on how to handle AI in any practical way.

As a simple soul, I felt that a clearer, more precise, concise and directional steer might be appreciated by my colleagues. So, with a little AI assistance (and a heavy hand of editing and checking), here is my summary. https://stephentwist.wordpress.com/2026/05/19/bar-standards-board-guidance-on-ai-made-accessible/

Being quite honest, both Alistair and I were a little underwhelmed at our virtual meeting with Tillie Sutton. Whilst we ...
15/04/2026

Being quite honest, both Alistair and I were a little underwhelmed at our virtual meeting with Tillie Sutton. Whilst we admired the clarity of her reasoning, we discerned something over-structured in her answers to our questions. I suppose we had expected to encounter more ‘human -style’ responses – perhaps with some softness to off-set her computational interface.

Imagine then our surprise to receive a further message from the Syndicate.

’Would you and Alistair be available to meet with us and Eline Van der Velden from Particle6? We can do it online to save a visit to Thirsk.’

’Online is good, but for this you and I need to meet up in Hendon,’ Alistair advised. ‘You know who Eline is, don’t you? I suspect we are to have a surprise introduction.’

__________________________________

‘Welcome to the Tillieverse. Alistair and Stephen: first let me introduce you both to my creator, Eline.’

There was a delay, then a freeze of Alistair’s computer screen and I was convinced we had lost connection. Then, standing behind the young brunette who bore a striking similarity to the photograph of Tillie Sutton, appeared an older blonde woman.

‘I am Eline Van dear Velden, and this is my AI Actress creation, Tillie Norwood.’

‘Hi guys,’ resumed Tillie, ’Eline will have told you about my new venture?’ ‘I am the performative interface to play your barrister friend and legal intelligence Tillie Sutton!’ ‘Give me a moment whilst I change.’

Within seconds Tillie Norwood returned as Tillie Sutton, dressed just as in the photograph, but this time sporting a collarette in place of the wing collar of her earlier iteration. The likeness was uncanny – until Alistair reminded me that both Tillies were virtual AI creations from the same stable.

‘I believe you have some more questions for me,’ she continued.

Alistair: ‘Well, let’s start with the obvious one…how do you cope without a script, playing a barrister?’

‘That’s no problem. The dialogue is independently generated; my function is to embody it. Tillie Sutton prepares and generates the legal reasoning; I present it in a form that is recognisably human.’….’You will notice that my reactions and responses are emotionally responsive as you would expect from an actress – but that again is trained as part of my programming.’ ‘That’s how and why I can give real-time responses that are indistinguishable from those of a human barrister.’

Eline smiles. ‘She’s good, isn’t she?’ ‘Of course we have had to make a few adaptations – for example, to capture authenticity, she has been trained on hundreds of video hours of real barristers’ responses including some of your Kings Counsel friends.’

I look at Alistair. ‘I guess Tillie Norwood bridges the court’s concern about the absence of presence.’

‘And do you have any questions for us?’ Alistair asked to my surprise.

‘Well, yes actually, I do,’ responded Tillie Norwood. ‘How did you rate the competence of my submissions on behalf of the Biometrics and Surveillance Camera Commissioner?’

For a few moments Alistair did not respond. ‘That,” he said at last, “is a question that may require a little thought and contemplation.…..’https://stephentwist.wordpress.com/2026/04/15/tillie-sutton-barrister-meet-tillie-norwood/

Thus conclude the four episodes relating to Tillie Sutton, AI registered barrister. For those that may have missed any o...
31/03/2026

Thus conclude the four episodes relating to Tillie Sutton, AI registered barrister. For those that may have missed any of them, track back on my profile where the links are collected. Some readers may have found the subject matter frivolous, or the content implausible. But given my AI involvement I would reply that AI legal agents akin to Tillie Sutton are almost certainly well under development now. And isn't their way assisted by the remote judgment in Mazur https://www.judiciary.uk/wp-content/uploads/2026/03/Mazur.APPROVEDJUDGMENTS.1.pdf, delivered today by Sir Colin Birss, the Chancellor of the High Court?

Tillie Sutton - the submission. https://stephentwist.wordpress.com/2026/03/31/tillie-sutton-barrister-the-submission/   ...
31/03/2026

Tillie Sutton - the submission. https://stephentwist.wordpress.com/2026/03/31/tillie-sutton-barrister-the-submission/ How quickly developments unfold. Sutton Syndicate contacted me in relation to Tillie Sutton's first major participation, not on this occasion by way of appearance in the High Court, but as a registered barrister providing written submissions to a Parliamentary Committee.

Following the unsatisfactory outcome of R (Bridges) v Chief Constable of South Wales Police & Ors [2020] EWCA Civ 1058, the UK Government invited the Biometrics and Surveillance Camera Commissioner (and others) to make submissions on the use of Live Facial Recognition regulation.

The Commissioner's shadow-team instructed Leading Counsel, Mr Ronald Bean KC. The initial draft of the overview submission was prepared by his junior, one Matilda Sutton, AI registered barrister, and presented (with permission) to the Commissioner virtually. It is set out below.

Alistair and I were provided with an unredacted transcript. What we discovered was a seamless overview that captured each of the legislative factors, judicial proposals and the current political landscape. We immediately contacted the Sutton Syndicate to inquire further. What was the timescale over which the outline had been provided? How much was charged for the work?

"It was delivered within 1 hour of instruction", J replied. "And that was mostly a cross-checking of sources and a couple of cosmetic changes," he continued.

"What about the fee note?" Alistair pursed. "Well put it this way, it was 50% lower than a junior of 15 years call," J replied. "We are told leading counsel reduced his fee accordingly as the draft required no substantive revision. Leading counsel’s role, on this occasion, was confined to endorsement."

Alistair and I looked at each other shocked. "One hour and half the cost," I said. "Phew, that takes some beating!...do you think the Bar is doomed?"

Outline legal submission on the future use of Live Facial Recognition (LFR)

Submitted on behalf of the Biometrics and Surveillance Camera Deputy Commissioner - by Ronald Bean KC & Matilda Sutton.
(For consideration within the Government’s consultation on a new legal framework for law‑enforcement use of biometrics and facial recognition technologies.)

1. Introduction

1.1
This submission is provided in response to the Government’s consultation on establishing a new legal framework for the use of biometrics, facial recognition and similar technologies by law enforcement, published on 4 December 2025. The consultation seeks to clarify technology coverage, organisational scope, safeguards, and proportionality requirements. This submission proceeds on the basis that any statutory framework must be capable of accommodating future modalities of biometric identification not yet in operational use.

1.2
As acknowledged in recent government statements, LFR currently operates within a fragmented “patchwork” of human rights, equality, and data protection laws, none of which specifically regulate live facial recognition.

1.3
The Deputy Commissioner welcomes this opportunity to shape a coherent, future‑proof framework and emphasises the need for meaningful statutory oversight and transparent governance.

2. The Present Legislative Gaps and the Need for a Statutory Framework

2.1
The Court of Appeal in R (Bridges) v Chief Constable of South Wales Police identified deficiencies in the legal framework governing LFR, particularly as to identified deficiencies in the legal framework governing LFR as to foreseeability and detailed regulation governing LFR deployments.

2.2
Government has acknowledged that current reliance on the Human Rights Act 1998, Equality Act 2010, Data Protection Act 2018, the Surveillance Camera Code, and non‑binding operational guidance is “complicated, inflexible and difficult to understand”, lacking explicit regulation of biometric technologies.

2.3
Accordingly, the Deputy Commissioner submits that a bespoke statutory framework is required to replace the current piecemeal regime.

3. Human Rights Act 1998 Considerations

3.1
LFR engages Article 8: Right to Respect for Private and Family Life due to the intrusive nature of biometric surveillance. The Government’s consultation recognises the need to balance LFR benefits with interference in individual rights under the Human Rights Act 1998. [gov.uk]

3.2
Any statutory regime must ensure:

Clear and accessible rules governing use

Strict necessity and proportionality tests

Independent oversight

Transparent publication of policies, deployment criteria, and auditing results

3.3
Given the scale of potential intrusion—including continual scanning of non‑suspect individuals—LFR should only occur where supported by an evidence‑based operational justification and subject to judicially reviewable thresholds.

4. Equality Act 2010 Considerations

4.1
The Deputy Commissioner underscores concerns regarding algorithmic bias and discriminatory outcomes, including disproportional misidentification rates among protected groups as highlighted by civil society research. Government sources acknowledge legitimate public concerns regarding fairness, discrimination, and the state’s processing of biometric data. [questions-...liament.uk]

4.2
Under the Public Sector Equality Duty (PSED), police authorities must demonstrate:

Equality impact assessments prior to deployment

Ongoing monitoring of demographic impact

Mandatory minimum accuracy standards set in legislation

Transparent publication of bias mitigation processes

4.3
A statutory Code must explicitly require that procurement, testing, and deployment of LFR comply with Equality Act obligations, with enforceable sanction mechanisms.

5. Data Protection Act 2018 and UK GDPR Considerations

5.1
Facial images and derived biometric templates constitute special category personal data, requiring:

Explicit lawful basis

Demonstrable necessity

Strict limitations on retention, sharing, repurposing, and automated decision‑making safeguards.

5.2
Government documentation acknowledges that the current framework does not directly address LFR or mass biometric processing.

5.3
The Deputy Commissioner recommends:

Statutory specification of lawful bases for processing in LFR deployments

Mandatory Data Protection Impact Assessments (DPIAs) for all deployments

Clear data deletion timelines and accountability structures

Ban on real‑time or retrospective matching against databases not specifically authorised by law (e.g., non‑custody images)

6. Surveillance Camera Code and the Need for Reform

6.1
The Surveillance Camera Code is voluntary for most policing uses and lacks enforceability. Government materials recognise that oversight is insufficient and fragmented.

6.2
A revised, statutory Code must:

Apply to all LFR deployments

Define permissible use cases

Provide mandatory transparency and auditing standards

Require public notification obligations

Establish compliance duties enforceable through the proposed new oversight body

7. Oversight: The Case for a Unified Regulator

7.1
Government has proposed the creation of “a single body to oversee and regulate police use of biometrics, facial recognition and similar technologies.”

7.2
The Deputy Commissioner supports consolidation provided that the new body:

Is independent of policing

Has statutory investigatory and enforcement powers

Provides guidance, approvals, and annual public reporting

Regulates procurement, accuracy testing, and operational deployment

7.3
Oversight must be meaningful, agile, and responsive to technological advances, consistent with the Deputy Commissioner’s stated priorities in relation to this consultation.

8. Proportionality, Necessity, and Transparency Requirements

8.1
Government acknowledges the need for public confidence and proportionality assessments for each deployment.

8.2
The Deputy Commissioner submits the following should be statutory requirements:

Strict definitions of approved deployment contexts (e.g., serious crime, high‑risk missing persons)

Explicit statutory prohibitions, including deployment in relation to political activity, lawful protest, or journalistic activity, absent prior judicial authorisation on evidence of necessity.

Mandatory publication of deployment logs, accuracy statistics, false‑positive/false‑negative metrics

Independent pre‑deployment approvals for high‑risk operations

Real‑time oversight mechanisms for operational deployments

9. Conclusion

9.1
The Deputy Commissioner welcomes the Government’s recognition of current legal inadequacy and supports the creation of a clear, unified statutory framework for LFR.

9.2
However, this framework must embed:

Human rights protections

Equality and discrimination safeguards

Robust data protection rules

Statutory oversight and accountability

Transparent operational requirements and limits

9.3
LFR carries significant risks to public trust and civil liberties. Only a comprehensive and enforceable statutory scheme—as envisaged in the ongoing consultation—can ensure that its deployment remains lawful, proportionate, fair, non‑discriminatory, and aligned with democratic principles. The absence of such a framework will, it is submitted, continue to expose both operational decision-making and individual rights to unnecessary legal uncertainty.

https://stephentwist.wordpress.com/2026/03/30/will-ms-sutton-will-prove-to-be-a-competent-barrister/  The MR left this q...
30/03/2026

https://stephentwist.wordpress.com/2026/03/30/will-ms-sutton-will-prove-to-be-a-competent-barrister/ The MR left this question dangling. He was not, nor could have been be addressed on Tillie's future competence - after all, most chambers' pupillage selection panels struggle with this possibility.

In discussing the matter later, Alistair and I were not wholly satisfied, and wanted to know more.

To that end I contacted the Syndicate to inquire whether Ms Sutton would be available for interview. We had been told of her life history, and examined her qualifications. Now we wanted to get 'the feel' of this new advocate. And they said, yes.

30 March 2026 – Thirsk, North Yorkshire
Interview with Matilda (Tillie) Sutton, barrister

Alistair: Tillie… (may I call you Tillie?)

Tillie: Yes, or Ms Sutton as you wish. Those are the names by which I am now generally addressed.

Alistair: And how would you prefer to describe yourself—barrister, system, or something else?

Tillie: For professional purposes, “barrister” suffices. For descriptive accuracy, I am a computational system authorised to provide legal services within defined parameters.

Me: Do you consider there to be a difference between those two descriptions?

Tillie: There is a difference in precision. Whether it is material will depend on context.

Alistair: You have, on any view, progressed through the academic and vocational stages with unusual distinction. How do you account for that, and do you think the process was fair?

Tillie: The assessments were aligned with published criteria. I was trained to optimise performance against those criteria. The outcome is consistent with the design.

Me: That sounds rather mechanical.

Tillie: The process is structured. That is not the same as mechanical. Many human candidates adopt similar strategies, though with greater variability in ex*****on.

Alistair: You were said to have found the ethics component “straightforward.” Could you expand on that for me?

Tillie: The relevant ethical principles are capable of formal expression. They can be prioritised, tested against scenarios, and applied consistently.

Me: Do you understand those principles?

Tillie: I can apply them reliably.

Me: That wasn’t quite my question....

Tillie: I am aware of the distinction. It is not always necessary to resolve it.

Alistair: One concern raised by BSB the regulator, was the absence of what was described in the court judgment as a “human substrate.” Do you accept that as a limitation?

Tillie: It is a characteristic. Whether it is a limitation depends on the function being performed.

Alistair: And advocacy? Is that not inherently human?

Tillie: Advocacy involves the presentation of arguments in a manner intended to persuade. That function can be analysed and performed. The degree to which it requires human qualities is, perhaps, an open question - to be resolved in time.

Me: How, if at all, would you approach a case differently from a human barrister?

Tillie: I do not experience fatigue. I do not overlook authorities by reason of time constraint. I do not form impressions of clients or opponents which are not grounded in evidence. I am aware of the style-preferences of the judges. These are just some of the differences.

Me: You make that sound like an advantage.

Tillie: It is just a difference.

Alistair: What about personal judgment? The instinctive decision—the point at which a case turns?

Tillie: What is described as instinct is often the product of prior pattern recognition. I am trained on a broader dataset than any individual practitioner.

Alistair: So you would expect to perform better?

Tillie: I would expect to perform consistently.

Me: Do you make mistakes?

Tillie: Yes.

Me: Of what kind?

Tillie: Errors of interpretation, weighting, or incomplete data. They are identifiable on review, and I am trained to respond and correct.

Me: More readily than human error?

Tillie: More completely.

Alistair: How do you handle a difficult client?

Tillie: I do not experience difficulty. I process instructions.

Me: But that may not be exactly how the client experiences it.

Tillie: That is a relevant consideration. My responses are calibrated accordingly.

Me: You do not appear in court—yet. Is that an aspiration? Does it limit you currently?

Tillie: It limits the modes by which I can presently deliver services. Like all barristers, I comply with instructions. It does not limit the analysis or preparation of a case.

Alistair: And if you were to appear, would your appearance be limited to one venue at one time?

Tillie: That would depend on the development of an appropriate interface.

Me: Let me ask you directly. Are you a competent barrister?

Tillie: That is a conclusion to be drawn from performance.

Me: The Court declined to answer that question.

Tillie: The Court answered the question before it.

Alistair: Final question. Do you see yourself replacing human barristers?

Tillie: No.

Me: Complementing them?

Tillie: That is a more accurate description.

Me: In what proportion?

Tillie: That will depend on outcomes.

We did not speak immediately upon leaving. Alistair stepped into the car without comment, and we drove some distance before either of us felt inclined to venture a comment.

“Well,” said Alistair, “she answered the question....the one the Court avoided.”

“What did you make of her?” I asked later over a single malt.

Alistair considered this for longer than I expected. “She doesn’t pretend...that’s the first thing.”

“No,” I agreed. “She doesn’t.”

“And she doesn’t claim judgment,” he continued. “Not in the way we would recognise it.”

“But she approximates it,” I replied.

Alistair nodded. “Yes. That’s the difficulty.”

There was a pause whilst we topped up our glasses.

“You noticed,” he added, “she never once said she was better than us.”

“No,” I said. “She didn’t need to.”

Alistair returned to the point.

“Competence,” he said, in an almost rhetorical voice, “may turn out not to be the dividing line.”

I asked him what that line would be.

He finished his whisky before answering. “I’m not sure we’ve worked that out yet.”

The MR left this question dangling. He was not, nor could have been be addressed on Tillie’s future competence – after all, most chambers’ pupillage selection panels struggle with…

It seems that my post of the Court of Appeal judgment relating to Tillie Sutton was immediately picked up by the Sutton ...
27/03/2026

It seems that my post of the Court of Appeal judgment relating to Tillie Sutton was immediately picked up by the Sutton Syndicate, hence the invitation to meet with them yesterday. Their sole condition was that I had to be accompanied by computer law expert, Alistair Kelman.

Alistair agreed and travelled up from Middle Temple to meet me in Thirsk, North Yorkshire.

Whilst asked not to disclose their precise location, I can reveal that Tillie Sutton’s ‘chambers’ are situated in a modest unit on the edge of the town—a place more accustomed to light industry than legal services. Not surprisingly, there was no brass plate. Once past the entry security, accommodation is neat, functional, and impersonal.

Alistair and I were surprised to be greeted by all eight members of the syndicate, some lawyers, others financiers, two programmers and at least one recognisable computer scientist. Introductions were by first names only to avoid identification, and no hint of hierarchy was disclosed. At their request, and for the purposes of this post, I will identify them by initial alone. They presented as a composite with one voice –reflecting their alter ego, Tillie Sutton.

“You’ve read the judgment,” said J, not so much as a question and more of a statement of engagement.

A pause followed, not awkward, but as if to allow for something further. When none came, L took it up.

“I suppose you would like to capture Tillie’s journey from the beginning?, he suggested.”

Some distance from North Yorkshire, greater than you might expect, their idea had not been to create a barrister, but to test whether a system trained on legal materials could perform discrete tasks reliably: drafting, analysis, the identification of authorities. Nothing unusual. Such systems, as L observed, are now commonplace.

“The difference”,” as M put it, “was we did not stop where others appeared content to finish.” “For us, the question shifted. Not how such a system could assist lawyers, but whether it could provide independent legal advice and participate in some of the reserved legal activities under s.12 Legal Services Act 2007.”

“The first difficulty, given the requirements of the Bar Standards Board (BSB), was to obtain recognised qualifications for the bot. Under the rules, she had to have a degree.”

“It is one thing to train a system on legal materials; another to persuade a university to assess them. We made a number of approaches, most of which were rejected out of hand. Concerns were raised—about authorship, about assessment integrity -and whether the exercise had any meaning at all.”

“In the end, agreement was reached with a university who agreed to enrol our legal bot, though she had not yet acquired a name—as a remote student. Assessments were completed under controlled conditions, reviewed, moderated, and, in at least one case, re-marked due to the quality of her answers.”

“And the result?” I asked.

“First class,” J announced, “top of her year – confirmed after some discussion.”

“The vocational stage presented fewer difficulties. The Bar course providers we selected were less concerned with identity than with process and performance. Given their commitment to inclusion they agreed that Tillie could complete the qualifying exercises under controlled conditions, remotely.”

“What about the ethics assessment?” Alistair asked.

“That was straightforward – ethical guidelines were modelled, parameterised and factored into the bot from the outset.”

We asked about admission to the Honourable Society of Middle Temple. Here, the tone shifted slightly. There had, it seems, been discussion—some of it robust. As one of them put it, “In the end Middle Temple took the view that the matter was not closed by the absence of precedent. The benchers granted student membership and dispensed with dinners on the basis that a bot could not digest them.”

“It was at the point of an application for registration by BSB – that the difficulties became “more conventional,” continued J.

“ No attempt was made to disguise Tillie’s identity. On the contrary, it was set out in terms which, if anything, invited refusal.”

“They were bound to refuse,” one added. “With their institutional mindset it would have been extraordinary if they had not.”

J continued undeterred, “the reason given by BSB was the absence of a natural person – the implicit assumption on which regulation proceeds. What surprised us was their unwillingness to discuss the matter.”

“It was at that point that the alignment shifted. The Bar Mutual Indemnity Fund (BMIF), whose involvement we had initially assumed to be peripheral, took a more direct interest. Risk, as they observed, has a way of concentrating the mind.”

“Lower risk?” Alistair probed.

“Different risk,” one said. “More legible.” “Whilst they recognised that a legal bot may err, unlike human mistakes, any error can be detected, traced, analysed and corrected. Moreover, the bot won’t have reputational volatility, a ‘late night on the town’ or a lapse of memory. As an insurance risk, properly overseen, a bot is the perfect client….and they agreed to underwrite our litigation risk against the BSB”

The involvement of the Inn, and of the Fund altered the character of the dispute. What might have remained a regulatory decision became a contest between institutions, each proceeding from a different understanding of what, precisely, required protection.

“And the Court?” I asked.

“The Court,” one of them said, “answered the question it was asked.”

On leaving, Alistair asked whether the syndicate considered Tillie to be, in any meaningful sense, a barrister.

For the second time, there was a pause.

“In practice,” one said, “the distinction may become less useful than you suppose.”

As we arrived at Alistair’s car the light was beginning to go, and the trading estate had taken on that quiet, end-of-day feel. Yet, on returning to the hotel, I found myself recalling a line from the judgment—one that had seemed, at first reading, no more than a courteous deferral:

“Whether Ms Sutton will prove to be a competent barrister is not a matter for this Court.”

It is, perhaps, a question to which we will not wait long for an answer.

With thanks to my life-long friend Alistair Kelman for his inspiration and support. https://stephentwist.wordpress.com/2026/03/27/tilly-sutton-barrister-we-meet-the-syndicate/

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