What is the evidential burden?

The evidential burden is the obligation to put enough evidence before the court to raise an issue. A defendant raising self-defence carries only the evidential burden.

What happens once a defendant discharges the evidential burden on a defence such as self-defence?

The prosecution must then disprove the defence beyond reasonable doubt. Failure to disprove it leads to an acquittal.

Name the two defences on which the defendant carries a legal burden of proof.

Insanity places a legal burden on the defendant under the M'Naghten rules. Diminished responsibility places a legal burden on the defendant under section 2 of the Homicide Act 1957.

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Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

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The Criminal Process

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Legal Personnel

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Tort: Defences and RemediesTort

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Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

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Human Rights: EnforcementHuman rights

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Human Rights: ReformHuman rights

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The Nature of Law

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Criminal Law: Rules and Theory

Burden and standard of proof in criminal cases

3 things to know
Components 2 and 3

Overview

Standard of proof the prosecution must reach, evidential burden and reverse burden clause.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Who bears the legal burden of proof in a criminal trial?

Numbers

Which case describes the prosecution's burden of proof as a golden thread?

Key term

State the standard of proof the prosecution must reach.

Questions from this subtopic

Each one with the model answer underneath.

1
Who bears the legal burden of proof in a criminal trial?
Model answer
The prosecution bears the legal burden of proving every element of the offence. The defendant does not have to prove innocence.
2
Which case describes the prosecution's burden of proof as a golden thread?
Model answer
Woolmington v DPP [1935] called the prosecution's duty to prove guilt the golden thread of English criminal law. Viscount Sankey allowed only insanity and express statutory exceptions.
3
State the standard of proof the prosecution must reach.
Model answer
The prosecution must prove guilt beyond reasonable doubt. Judges commonly direct a jury that it must be sure of guilt.
4
What is the evidential burden?
Model answer
The evidential burden is the obligation to put enough evidence before the court to raise an issue. A defendant raising self-defence carries only the evidential burden.
5
What happens once a defendant discharges the evidential burden on a defence such as self-defence?
Model answer
The prosecution must then disprove the defence beyond reasonable doubt. Failure to disprove it leads to an acquittal.
6
Name the two defences on which the defendant carries a legal burden of proof.
Model answer
Insanity places a legal burden on the defendant under the M'Naghten rules. Diminished responsibility places a legal burden on the defendant under section 2 of the Homicide Act 1957.

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