Deck 2: The Burden and Standard of Proof

Question 1

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.

Answer 1

False

Question 2

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

A)Attempts to acknowledge the inequality of bargaining power
B)It held that the burden of proof is on the defendant in all criminal trials
C)Acts as an essential safegurard as the resources of the state far outwiegh those of the accused
D)It states that the burden of proof on the proseuction is beyond all reasonable doubt.

Answer 2

A, C

Question 3

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.

A)Driving a vehicle witout a licence
B)Drinking under the age of 18
C)Practising medicine whilst not qualified
D)Selling liquor without a licence

Answer 3

A, C, D

Question 4

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.

A)Duress
B)Intoxication
C)Insanity
D)Non-insane Automatism

Question 5

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)

A)If they do not agree with the legislation
B)If they decide a reverse burden should not be imposed
C)If the burden unjustifiably infringed S6(2) ECHR.
D)If the courts want to override Parliaments intention

Question 6

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.

A)The level of proof a party must show
B)Which party has the obligation to prove all the fact necessary
C)The balance of probabilities
D)Beyond reasonable doubt

Question 7

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.

A)Arnolds Case
B)R v Hunt
C)R v Edwards
D)R v Lobell

Question 8

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""

A)Diminished Reponsibility
B)Grevious Bodily Harm
C)Rape
D)Duress

Question 9

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.

A)The defence of Automatism
B)The defence of Intoxication
C)The defence of Duress
D)The defence of Insanity

Question 10

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.

A)The prosecution must prove beyond reasonable doubt the defendant is guilty.
B)It is for the defendant to prove his innocence.
C)It is for the prosecution to prove the defedant's guilt.
D)The defence must establish the defendant is not guilty on the balance of proabilities.

Question 11

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)

Question 12

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.

Question 13

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.