Burden & Standard of Proof

FLK2 — Criminal Law and Practice

What is the legal burden of proof?

The obligation on a party to prove a fact or issue to the required standard.

What is the evidential burden?

The obligation to produce sufficient evidence to raise an issue.

Who normally bears the legal burden in a criminal case?

The prosecution.

What is the criminal standard of proof?

The prosecution must make the court sure of the defendant's guilt.

What does "beyond reasonable doubt" mean?

The court must be sure of the defendant's guilt.

What is the presumption of innocence?

A defendant is presumed innocent unless the prosecution proves their guilt.

What is a reverse legal burden?

A burden requiring the defendant to prove a particular issue rather than the prosecution.

What standard usually applies to a reverse legal burden?

The balance of probabilities.

What is the difference between an evidential burden and a reverse legal burden?

An evidential burden requires enough evidence to raise an issue; a reverse legal burden requires the defendant to prove it.

What is the prosecution's legal burden in a criminal trial?

To prove every element of the offence beyond reasonable doubt, subject to any lawful reverse burden.

What is the defendant's evidential burden?

Where applicable, the defendant may only need to produce sufficient evidence to raise an issue rather than prove it.

What happens if the prosecution cannot prove an essential element beyond reasonable doubt?

The defendant must be acquitted of that offence.