By Charanjit Singh

Whether you’re new to raised schooling, coming to felony examine for the 1st time or simply considering what Evidence Law is all approximately, Beginning Evidence is the suitable creation that will help you hit the floor operating. beginning with the fundamentals and an summary of every subject, it is going to assist you come to phrases with the constitution, subject matters and problems with the topic that you should start your facts module with confidence.

Adopting a transparent and straightforward strategy with criminal vocabulary defined in a close word list, Charanjit Singh Landa breaks the topic of facts legislations down utilizing useful daily examples to make it comprehensible for a person, no matter what their history. Diagrams and flowcharts simplify advanced concerns, vital instances are pointed out and defined and on-the- spot questions assist you know strength matters or debates in the legislation for you to give a contribution in sessions with confidence.

Beginning Evidence is a perfect first creation to the topic for LLB, GDL or ILEX and particularly foreign scholars, these enrolled on distance studying classes or on different measure programmes.

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In terms of other common law defences the defendant only bears an evidential burden. EXPRESS STATUTORY EXCEPTIONS There are a number of statutory provisions that place a legal burden on the defence; often this may be in relation to a specific element of an offence – this is known as a ‘reverse’ burden of proof. Lord Sankey LC referred to this in Woolmington (above). Section 2 of the Homicide Act 1957 is a good example of this which requires, in defence to a charge of murder, the defendant to prove that their responsibility was diminished.

Whether or not this issue has been . . raised [by the prosecution or the defence] . . it is the duty of the judge, after proper direction, to leave it open to the jury to return a verdict of The burden and standard of proof manslaughter, if they are not satisfied beyond reasonable doubt that the killing was unprovoked. Although this authority concerns provocation it has a broader application. In reality, where the evidence already tendered suggests the existence of a defence then it is likely that the evidential burden will have been satisfied; that is true even though that evidence may have been tendered for an alternative purpose.

Ormerod, D and Birch, D, ‘The Evolution of the Discretionary Exclusion of Evidence’ [2004] Crim LR 767. This is an interesting article that discusses the judicial discretion to exclude evidence and its effect. Roberts, P and Zuckerman, A (2010). Criminal Evidence, 2nd edn. Oxford: Oxford University Press. This is another good textbook on the law of criminal evidence. 17 This page intentionally left blank Chapter 2 The burden and standard of proof LEARNING OUTCOMES By the end of this chapter, you should be able to: • • • • Understand the function of the various types of burdens of proof Identify and distinguish between the types of burdens of proof that exist in both civil and criminal cases Determine the incidence of a legal burden of proof and consider any exceptions to the general rule in criminal cases Critically engage with the legal principles relating to the standards of proof required in criminal and civil cases INTRODUCTION In Chapter 1 we discussed the various types of evidence that exist as well as their relevance and admissibility.

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