Exam 2: The Burden and Standard of Proof

Which case in 1987 established that the fundamental pricniple of Woolmington can be displaced by both express and implied statutory provisions? On occassions where the intended construction of the statute is less clear, the courts will ascertain the legislatures intention and reverse the burden of proof if necessary.

What does the 'golden thread' of English criminal law refer to? The golden thread rule outlined in Woolmington v DPP refers to the burden of proof placed on the prosecutions in all criminal trials.

The Human Rights Act and the ECHR have provided means by which the fundamental nature of the right to be presumed innocent can be restored. This is true to some extent as the provisions of Art 6 are not absolute and can be displaced for good reasons. See R v Webster (2010)

What offences fall within the scope of S101 of the Magistrates Courts Act 1980? These offences fall within the scope of Section 101 and thereby place theburden of proof on the accused. It is an example of when the courts ascertain Parliaments intentions.

What is the sole common law exception to the principle that the prosecution shoulders the legal burden of proof? M'Naghtens case(1840) confirms this principle and is still the leading authority on insanity in English criminal law.

Which of the following area of law gives rise to a statutory reversal of the burden of proof? Homicide Act 1957 S 2(2) -This section states that on a charge of murder, ""it shall be for the defence to prove that the person charged is not liable to be convicted of murder""

What does the burden of proof in a criminal trial refer to ? It is important to establish from the outset which party bears the burden of proving a particualr issue.

What is the criminal standard of proof in all criminal trials? Where the prosecution bear the legal or persuasive burden, they must establish a defendant's guilt beyond reasonable doubt.

Which of the following common law defences impose an evidential burden on the accused? These defences place an obligation on the defendant to produce sufficient evidence to establish the facts.

When will the courts flout the clear will of Parliament? See the House of Lord's decision in Sheldrake v Dpp, A-G Ref's (No 4 of 2002)

There are only legal burdens of proof in existence in English criminal law. The legal burden of proof is the obligation on the prosecution to prove all the facts necessary to establish the defendant's guilt. There are also evidential burdens which imposes an obligation upon either the prosecution or defence to produce sufficient evidence to establish the facts.

Why is the case of Woolmington v DPP so important? See Woolmington v DPP (1935) for further details.

The standard of proof in Civil cases is at a smilar level to that in criminal cases The civil standard of proof is on the balance of probabilites, is it more likely than not. This standard is a lot lower than the one imposed in criminal cases.