Burden of Proof & Standard of Proof

Question 1

presumption of innocence (statute)

Answer 1

Article 6.2 ECHR incorporated by HRA 1998

Question 2

Woolmington v DPP (1935)

Answer 2

affirmed burden of proof is on P

Question 3

‘golden thread’ comment made by

Answer 3

Viscount Lord Sankey LC in Woolmington

Question 4

golden thread (quotation)

Answer 4

‘Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt subject 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 is part of the common law of England and no attempt to whittle it down can be entertained.’

Question 5

burden of proving the elements of the offence (falls on)

Answer 5

prosecution burden

Question 6

burden of proving the defence may lie with

Answer 6

defence

Question 7

burden of proof rests with

Answer 7

prosecution

Question 8

presumption of innocence

Answer 8

the right os a person accused of a crime to be presumed not guilty unless proven otherwise

Question 9

standard of proof

Answer 9

beyond a reasonable doubt

Question 10

Miller v Minister of Pensions [1947] 2 All ER 372, Dennis J

Answer 10

“Proof beyond reasonable doubt does not mean proof beyond a shadow of a doubt… If the evidence is so strong as to leave only a remote possibility in the defendant’s favor, which can be dismissed with the sentence, ‘Of course it is possible but not in the least probable’. the case is proved beyond a reasonable doubt. But nothing short of that would suffice.”

Question 11

who carries the burden of proof for the defense of insanity of diminished responsibility

Answer 11

defence burden

Question 12

The legal burden is…

Answer 12

The requirement on the prosecution to prove the defendant’s guilt.

Question 13

The evidential burden is…

Answer 13

The requirement to adduce sufficient evidence to validly raise a question/doubt.

Question 14

The burden of proof is…

Answer 14

The legal obligation to satisfy the factfinder of certain facts being true.

Question 15

Reverse burdens can occur in three situations…

Answer 15

The defence of insanity
On an express assertion by statute
On an implied assertion by statute under s101 MCA 1980

Question 16

The case of Edwards said that…

Answer 16

Reverse burdens can be implied by statute in trials on indictment as well as summary trials.

Question 17

The case of Hunt said that…

Answer 17

Where there is doubt as to what Parliament intended, consider the mischief the legislation was designed to prevent, practical considerations and ease of proof to determine whether or not there should be a reverse burden.

Question 18

What are the three steps to consider in a burden of proof problem question?

Answer 18

• The exception (insanity/implied/express)
• Is the reverse burden compatible with Art.6 ECHR presumption of innocence? Salabiaku says that reverse burdens are permitted by ECHR.
• Lambert test of objective justification (legitimate aim of law and proportionality (ease of proof, peculiar knowledge, classification of offences and penalties).

Question 19

If the burden on the defence is proportionate, then…

Answer 19

They must prove the point on the balance of probabilities.

Question 20

If the burden on the defence is disproportionate, then…

Answer 20

The legislation will be ‘read down’ (Keogh) to make it an evidential burden so that the defence only has to raise a question of a defence, which is for the prosecution to disprove.

Question 21

What is the criminal standard of proof?

Answer 21

Beyond reasonable doubt.

Question 22

What is the civil standard of proof?

Answer 22

On the balance of probabilities.