Legal Burden of Proof - Standard of Proof: United Kingdom Trials

Standard of Proof: United Kingdom Trials

In the three jurisdictions of the UK (Northern Ireland; England & Wales; and Scotland) there are only two standards of proof in trials. (There are others which are defined in Statutes relating to police powers etc.)

The Criminal standard was formerly described as "beyond reasonable doubt". That standard remains, and the words commonly used, though the Judicial Studies Board guidance is that juries might be assisted by being told that to convict they must be persuaded "so that you are sure".

The Civil standard is 'the balance of probabilities', often referred to in judgments as "more likely than not". Prior to the decision of the House of Lords in Re B (A Child) UKHL 35 http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080611/child-1.htm there had been some confusion - even at the Court of Appeal - as to whether there was some intermediate standard, described as the 'heightened standard'. The House of Lords found that there was not. As the above description of the American system shows, anxiety by judges to make decisions on very serious matters on the basis of the balance of probabilities had led to a departure from the common law principles of just two standards. Baroness Hale said:

"70. ...Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts. The inherent probabilities are simply something to be taken into account, where relevant, in deciding where the truth lies."

"72. ...there is no logical or necessary connection between seriousness and probability. Some seriously harmful behaviour, such as murder, is sufficiently rare to be inherently improbable in most circumstances. Even then there are circumstances, such as a body with its throat cut and no weapon to hand, where it is not at all improbable. Other seriously harmful behaviour, such as alcohol or drug abuse, is regrettably all too common and not at all improbable. Nor are serious allegations made in a vacuum. Consider the famous example of the animal seen in Regent’s Park. If it is seen outside the zoo on a stretch of greensward regularly used for walking dogs, then of course it is more likely to be a dog than a lion. If it is seen in the zoo next to the lions’ enclosure when the door is open, then it may well be more likely to be a lion than a dog."

The task for the tribunal then when faced with serious allegations is to recognise that their seriousness generally means they are inherently unlikely, such that to be satisfied that a fact is more likely than not the evidence must be of a good quality. But the standard of proof remains 'the balance of probabilities'.

Read more about this topic:  Legal Burden Of Proof

Famous quotes containing the words standard of, standard, united, kingdom and/or trials:

    An indirect quotation we can usually expect to rate only as better or worse, more or less faithful, and we cannot even hope for a strict standard of more and less; what is involved is evaluation, relative to special purposes, of an essentially dramatic act.
    Willard Van Orman Quine (b. 1908)

    ... the meanest life, the poorest existence, is attributed to God’s will, but as human beings become more affluent, as their living standard and style begin to ascend the material scale, God descends the scale of responsibility at a commensurate speed.
    Maya Angelou (b. 1928)

    The rising power of the United States in world affairs ... requires, not a more compliant press, but a relentless barrage of facts and criticism.... Our job in this age, as I see it, is not to serve as cheerleaders for our side in the present world struggle but to help the largest possible number of people to see the realities of the changing and convulsive world in which American policy must operate.
    James Reston (b. 1909)

    Then he looked up at his disciples and said: Blessed are you who are poor, for yours is the kingdom of God.
    Blessed are you who are hungry now, for you will be filled.
    Blessed are you who weep now, for you will laugh.
    Blessed are you when people hate you, and when they exclude you, revile you, and defame you on account of the Son of Man.
    Bible: New Testament, Luke 6:20-22.

    On the whole, yes, I would rather be the Chief Justice of the United States, and a quieter life than that which becomes at the White House is more in keeping with the temperament, but when taken into consideration that I go into history as President, and my children and my children’s children are the better placed on account of that fact, I am inclined to think that to be President well compensates one for all the trials and criticisms he has to bear and undergo.
    William Howard Taft (1857–1930)