Pause for Thought

Abstract

Discusses the extent to which criminal offences should be tried with a presumption of the burden of proof being on the defendant, referring to the views expressed by Lord Scarman and case law developments, including the House of Lords decision in R. v Lambert (Steven). Considers the intentions of Parliament for reverse burdens of proof to be imposed, such as under the Misuse of Drugs Act 1971 ss.5 and 28, and the effects which the introduction of human rights legislation has had. Reviews the Criminal Law Revision Committee report on the use of the reverse burden of evidential proof.