Burden and Standard of Proof

Question 1

Who bears the legal burden of proof in criminal cases?

Answer 1

• Prosecution must prove D’s guilt beyond reasonable doubt
• MC and jury should only convict D where they are sure of guilt
• Defendant has legal burden to prove insanity or diminished responsibility (in relation to a charge of murder) on the balance of probabilities

Question 2

What is the evidential burden on the prosecution?

Answer 2

Prosecution presents their case first and must show sufficient evidence to justify a finding of D’s guilt and that they have a case to answer

• Submission of no case to answer can be made if P fails to do this

Question 3

What is the evidential burden on the defence?

Answer 3

D must put forward some evidence when they raise a specific defence (alibi/self-defence)

• P must then disprove the defence beyond reasonable doubt
• Entering the witness box and giving details of the defence is enough for D to satisfy the burden