What is the legal burden of proof?

The legal burden is the obligation to prove a fact in issue to the required standard, and in a criminal trial it normally rests on the prosecution throughout.

What must a defendant do to put a defence such as self-defence before the jury?

The defendant carries only an evidential burden to raise some evidence of the defence, after which the prosecution must disprove it beyond reasonable doubt.

Which defence at common law places a legal burden on the defendant?

Insanity under the M'Naghten Rules (1843) must be proved by the defendant, and it is the one common law exception Woolmington recognised.

WJEC A-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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Legal Personnel and the Judiciary

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Access to Justice and Funding

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Tort: Rules and Theory

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Tort: Negligence

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Tort: Remedies

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Key Convention ProvisionsHuman rights

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Human Rights: RestrictionsHuman rights

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Human Rights: EnforcementHuman rights

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Contract: Rules and TheoryContract

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Contract: TermsContract

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Contract: Misrepresentation and DuressContract

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Contract: DischargeContract

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Contract: RemediesContract

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Criminal Law: Rules and TheoryCriminal

Topic overview The definition of crime and the purposes of criminal law Burden and standard of proof The Crown Prosecution Service, the Attorney General and the DPP Bail and remand in custody The trial process, youth justice and appeals Law and morality, law and justice in the criminal law Codification and the case for reforming criminal law

Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation and property Theft: belonging to another Theft: dishonesty and intention permanently to deprive Robbery under section 8 of the Theft Act 1968 Burglary: entry, trespass and buildings Burglary under sections 9(1)(a) and 9(1)(b), and aggravated burglary Evaluating the law on theft, robbery and burglary

Criminal Law: DefencesCriminal

Topic overview Insanity and the M'Naghten Rules Automatism: insane and non-insane Intoxication by alcohol and by drugs Self-defence and the prevention of crime Duress by threats Duress of circumstances and necessity Evaluating the capacity and necessity defences

Criminal Law: Preliminary OffencesCriminal

Topic overview Attempt: the statutory definition and its scope The actus reus: acts more than merely preparatory Applying the more than merely preparatory test to the cases The mens rea of attempt Attempting the impossible Attempt, the completed offence and abandonment Evaluating the law on attempts and proposals for reform

Criminal Law: Rules and Theory

Burden and standard of proof

3 things to know
A2 Units 3 and 4

Overview

Legal burden of proof, standard of proof the prosecution must reach and standard of proof in civil proceedings.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Which case describes the presumption of innocence as the golden thread of English criminal law?

Key term

Distinguish the legal burden from the evidential burden.

Key term

State the standard of proof the prosecution must reach.

Questions from this subtopic

Each one with the model answer underneath.

1
Which case describes the presumption of innocence as the golden thread of English criminal law?
Model answer
Woolmington v DPP (1935), where the House of Lords held that it is always for the prosecution to prove the defendant's guilt.
2
What is the legal burden of proof?
Model answer
The legal burden is the obligation to prove a fact in issue to the required standard, and in a criminal trial it normally rests on the prosecution throughout.
3
Distinguish the legal burden from the evidential burden.
Model answer
The legal burden is the obligation to prove a fact to the required standard, while the evidential burden is only the obligation to raise enough material to make an issue fit for the jury to consider.
4
State the standard of proof the prosecution must reach.
Model answer
The prosecution must prove the case beyond reasonable doubt, which judges commonly express by telling the jury it must be sure of guilt.
5
What must a defendant do to put a defence such as self-defence before the jury?
Model answer
The defendant carries only an evidential burden to raise some evidence of the defence, after which the prosecution must disprove it beyond reasonable doubt.
6
Which defence at common law places a legal burden on the defendant?
Model answer
Insanity under the M'Naghten Rules (1843) must be proved by the defendant, and it is the one common law exception Woolmington recognised.

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Law Making in Wales and the UK

Delegated Legislation

Statutory Interpretation

Judicial Precedent

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AThe defendant owed the victim a duty of care and breached it.

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