Procedures and Structures

Question 1

Who has the burden of proof?

Answer 1

A person, no matter how clear the evidence may be, is presumed innocent until proven guilty (Woolmington [1935] AC 462)

Question 2

What are the two burdens the prosecution has?

Answer 2

• Evidential: to produce enough evidence to justify leaving the case to the jury
  
  • Satisfies the judge
• Burden of proof: beyond all reasonable doubt
  
  • Satisifes the jury

Question 3

Is it permissible in the ECHR to place a burden of proof on the defendant?

Answer 3

Yes - but the state needs to show that to do so is necessary given the gravity of the issues involved

• Clarified in Salabiaku v France (1991)

Question 4

How are criminal offences classified?

Answer 4

Those that are tried

• On indictment
  
  • More serious e.g. murder, manslaughter and rape
  • Tried before judge and jury in Crown Court
• Summarily
  
  • Relatively minor offences e.g. motoring offences
• Either way
  
  • Those that vary considerably in seriousness according to circumstances
  • E.g. theft
  • Choice of which way to be tried is made in the magistrates’ court - either the magistrates or accused may insist on trial on indictment, and only if both agree can the case be tried summarily