ABSTRACT
A central feature of most common law jurisdictions is that the prosecution has the burden of proving the guilt of the accused person beyond reasonable doubt. A practical consequence of an evidential burden is that the defendant is compelled to go into the witness box and give evidence of the defence, since the jury may be likely to convict in the absence of such testimony. In the view of the Court of Appeal, the statutory reversal of the presumption of innocence was wholly justifiable, and was no greater than necessary to minimise the social evil of drink-driving. The 'standard of proof' refers to the level or degree of proof that must be established. There are only two standards: the criminal standard of proof, which is 'proof beyond reasonable doubt'; and the civil standard, which is proof 'on the balance of probabilities'.
