Evidence and Proof Flashcards
How does the burden and standard of proof operate for the defence of self-defence?
The defendant has the initial evidential burden (they raise the defence). Once satisfied, the prosecution must disprove the defence to a legal standard - beyond reasonable doubt
How can a defendant satisfy the initial evidential burden for self-defence?
The defendant must produce some evidence to satisfy the judge that they acted in self-defence
This can evidence of raising self-defence in their police interview or examination-in-chief
How should a judge direct the jury on the burden and standard of proof for insanity?
The defendant needs to prove on the balance of probabilities that they were insane at the time the offence was committed
How does the defence of insanity differ for the burden of proof?
It imposes a reverse burden. A reverse burden imposes a legal burden on the defendant and the standard of proof is on the balance of probabilities
A man and a woman have both been charged with murder. The man has raised the partial defence of loss of control and the woman has raised the partial defence of diminished responsibility.
How should the judge direct the jury on the burden and standard of proof for the partial defences?
There is an evidential burden on the man, but a legal burden on the woman
Who has the burden of proof to raise the partial defence of a loss of control?
The defendant has the initial evidential burden to raise the defence of loss of control and the judge would need to be satisfied.
It is then for the prosecution to disprove the partial defence beyond a reasonable doubt
What is the burden of proof for diminished responsibility?
This imposes a reverse burden - the defendant has the legal burden of proving diminished responsibility on the balance of probabilities
What can the CPS withhold from disclosure until after the beginning of the day of the first hearing?
A statement from the friend of the accused
Who bears the burden of proof in relation to self-defence?
The defence has the evidential burden to raise the issue of self-defence. The prosecution then has the legal burden to disprove self-defence beyond a reasonable doubt
What must a defendant seeking to rely on the defence of diminished responsibility show?
The legal burden of proving the defence is on the defendant to prove on the balance of probabilities that they were:
- suffering from an abnormality of mental functioning;
- arising from a recognised medical condition;
- which substantially impaired their ability to understand the nature of their conduct, form a rational judgment or exercise self-control; and
- which provides an explanation for killing
What is an evidential burden?
It means there must be some evidence for the issue to be left for consideration by the jury or magistrates
What is direct evidence?
Direct evidence requires nothing more than the jury accepting or rejecting the evidence that has been given to render a fact in issue more or less probable
What does circumstantial evidence require?
The court must accept the witness’ account, and must also draw an inference from the evidence
Who decides on the competency and credibility of a witness?
The judge will decide on whether a witness is competent, and if they are competent to give evidence, the jury will decide on the credibility
- Judge = competency
- Jury = credibility
When is a dispute about the admissibility of evidence often resolved?
At a pre-trial hearing
