The burden of proof determines which party must prove a fact, while the standard of proof determines the degree to which the fact must be established.
Evidence Act, Cap 6, Sections 101-104
Established the golden thread of English criminal law: the prosecution must prove the guilt of the accused beyond reasonable doubt throughout the trial.
Lord Denning explained the different standards: beyond reasonable doubt does not mean beyond a shadow of doubt, and balance of probabilities means more likely than not.
In criminal defence, challenging whether the prosecution has discharged its burden is often the most effective strategy, especially in circumstantial evidence cases.
Always state BOTH the burden and the standard. Many students mention one but forget the other. In criminal law: burden on prosecution, standard is beyond reasonable doubt.
