1.4 Burden and standard of proof

Question 1

What is the criminal standard of proof?

Answer 1

“Satisfied so that you are sure” (meaning “beyond reasonable doubt”).

Question 2

What is the the burden of proof for anything that the defence must prove? (e.g., insanity)

Answer 2

The balance of probabilities.

Question 3

What is the evidential burden?

Answer 3

Whichever party is under the evidential burden must raise enough evidence to ‘pass the judge’; i.e.,show the thing it seeks to prove is a matter in issue.

Usually, the evidential burden and the burden of proof will lie together on the prosecution. However, they can become detached, e.g., in self-defence, where D must raise evidence of self-defence, which P must then disprove to the criminal standard.