Burden of Proof

Updated on Friday 21st October 2016

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The burden of proof is the responsibility engaged upon an individual to demonstrate an argued circumstance or statement. He needs also to explain which party tolerates this burden. It is good to know that the burden of proof can be managed by the prosecution who needs to determine if the defendant is guilty before a jury comes with a verdict. If you find yourself in this situation, it is recommended to solicit help, guidance, and also legal assistance from our defence lawyers in London.
 

The meaning of burden of proof in the UK


There are two standards of proof in trials in the United Kingdom: the criminal standard and the civil standard. The criminal standard implies criminal proceedings, where the prosecution needs to demonstrate the suspect’s culpability beyond a reasonable doubt. When giving the reasonable doubt instruction, the magistrates will remind the jury that a criminal verdict imposes a wide range of destitutions on a defendant, containing imprisonment, penalties or public humiliation. You should know that reasonable doubt is the highest standard of proof managed in any legal proceeding.

Regarding the civil standard, this procedure is used in many criminal hearings related to the defences which need to be demonstrated by the defendant. As an example, if an individual is accused of driving under alcohol influence, there is no probability that the defendant was driving while still over the established alcohol limit. The defendant needs to prove that there is also a change to drive under alcohol influence. In this case, the defendant needs to raise the matter, and it is up to the prosecution to disprove the defence to the criminal standard in the common method. Our criminal defence solicitors in London will analyze  your case and the circumstances, in order for you to receive proper legal assistance upon your case.
 

Burden of proof related to the Civil Law in the UK

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Regarding the civil cases, the burden of proof obliges the plaintiff to convince the jury or the magistrate of his/her privilege to the wanted relief. In other words, the accuser needs to demonstrate each item of the claim, or the reason of the act, in order to make progress. A legal burden of proof will always answer these questions:

•    does the defendant need to demonstrate something challenging or easy within his access?
•    what must the prosecution demonstrate to hand over the burden to the offender?

If you are interested in this matter or if you need extra information about the burden of proof, please feel free to contact our team of defence solicitors in London.

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