Section Two: Burden of Proof and Defences

Introduction

As stated in the introduction to this module, the burden of proof (sometimes called onus of proof) lies with the prosecution. This accords with the presumption of innocence on which our criminal system is based. The prosecution cannot simply say they think the defendant committed an offence and then require the defendant to try to prove they did not.

The prosecution is the party alleging that the named defendant has committed an offence. It is the responsibility of the prosecution to provide enough credible evidence to persuade the court that their allegations are correct. The prosecution evidence has to meet a standard of beyond reasonable doubt. This phrase will become very familiar but in simple terms it means that the person making the decision is sure.

Reading

• Judicial JP Manual, chapter 12, Burden of Proof and Defences