Burden and Standard of Proof in Criminal Proceedings

Question 1

Burderns and Standards of proof

Answer 1

Burden of proof: which party has to prove a fact in issue (normally prosecution)

Standard of proof: the degree of probability to which it must be proved (beyond reasonable doubt so the jury is sure of guilt)

Question 2

Defence Legal burden and Evidential Burden

Answer 2

Defence legal burden: some defences must be proved by the defence on the balance of probabilities (more likely than not): e.g. insanity

Evidential burden: requires the defence to adduce some evidence on the issue
E.g. loss of control - CJA 2009 or self defence- Lobell 1957.

Legal burden then on prosecution to disprove.

Question 3

Woolmington v DPP

Answer 3

Viscount Sankey –> ‘it is the duty of the prosecution to prove the prisoner’s guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. …. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner’

Essentially just saying the burden of proof is down to the prosecution to prove the prisoner’s guilt

Question 4

ECHR article 6(2)

Answer 4

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.”

Question 5

Standard of Proof

Answer 5

“The standard of proof in a criminal case requires the jury to be sure of guilt, which is the same as the proof of guilt beyond reasonable doubt.” – R v Smith

Where the defence bears the burden of proof, the standard is the civil one: on the balance of probabilities (more likely than not)