The Law of Criminal Evidence: Burden and Standard of Proof

Flashcards covering the foundational concepts of the Law of Criminal Evidence, including burden types, standards of proof, statutory exceptions, and key case law.

Rules of Criminal Evidence

A set of rules and legal principles that govern the proof of facts in dispute in criminal proceedings, determining what evidence is admissible and the practices for excluding evidence.

Facts in Issue

Facts that the prosecution must establish to prove the Defendant committed the offence, or facts which the Defendant denies (including Actus Reus and Mens Rea).

Theft (Theft Act 1968)

When a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Presumption of Innocence

A foundation principle for a fair trial stating that an accused is innocent until they are proven to be guilty.

Burden of Proof

Evidence that sufficiently establishes a belief that an asserted fact is correct, relating to the proposition that the person who asserts something must prove it.

The 'Golden Thread'

A principle from Woolmington v DPP [1935] AC 462 stating that the prosecution must prove guilt and there is no burden on the accused to prove innocence.

Legal Burden of Proof

The obligation or requirement placed on a party to prove a fact in issue, which is decided by the tribunal of fact (jury or magistrates) at the end of the trial.

Evidential Burden of Proof

The obligation to adduce sufficient evidence to raise a fact in issue to make it a 'live issue' in the trial, determined as a question of law by the judge.

Standard of Proof

Refers to how far the triers of law and fact must be satisfied that a party has proved their case, often defined as 'beyond reasonable doubt' in criminal cases.

Beyond Reasonable Doubt

A standard requiring a high degree of probability where the jury must 'feel sure' and be satisfied that the prosecution established guilt (Miller v Minister of Pensions [1947]).

Section 75(1) Sexual Offences Act 2003

A statutory variation that requires the defence to discharge an evidential burden regarding the victim's consent.

Section 28(3) Misuse of Drugs Act 1971

A statute imposing an evidential burden on the accused to prove they lacked belief or suspicion they possessed a controlled substance.

Defence of Insanity

An exception to the Golden Thread where the legal burden of proof lies on the accused.

Homicide Act 1957, s.2(2)

A statutory exception where the defence must prove the accused is not liable for murder by reason of diminished responsibility.

R v Hunt [1987] AC 352 HL

A case establishing that the prosecution must always prove the accused possessed a prohibited drug as an essential element of the offence.

R v Lambert [2002] 2 AC 545 HL

A House of Lords decision holding that section 28 of the Misuse of Drugs Act 1971 only imposes an evidential burden on the defendant to ensure compatibility with Article 6(2) of the ECHR.

Article 6(2) ECHR

The provision of the European Convention on Human Rights stating that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

R v Johnstone [2003] UKHL 28

A case where the House of Lords held it was fair and reasonable to require a trader to prove they honestly and reasonably believed goods were genuine on the balance of probability.

Relevance

Any item of proof that renders the existence of a fact in issue more or less probable.

Weight of Evidence

The cogency or probative worth of evidence in relation to the facts in issue, which is a matter for the court or tribunal to determine.

Section 78 PACE 1984

A statutory provision allowing for the exclusion of unfair prosecution evidence because it would have an adverse effect on the fairness of proceedings.

Function of the Judge

To rule on questions of law, including the competence of witnesses, admissibility of evidence, and the withdrawal of an issue from the jury.

Function of the Jury

To decide questions of fact, such as the credibility of witnesses, the weight of evidence, and the existence of facts in issue.