ABSTRACT
This chapter examines on studying the law of evidence who have acquired some knowledge, but still feel that they need more confidence in handling it correctly in assessments. It deals between a legal and an evidential burden. It is important to remember that the legal burden of proof remains with the prosecution where defences such as provocation, self-defence, duress, non-insane automatism and alibi are in issue. Since the passing of the Human Rights Act 1998, it has become clear that not every reversal of the burden of proof will infringe Art 6(2) of the European Convention on Human Rights, but that each statutory provision must be considered on its merits. People should discuss the issues relating to the burden and standard of proof, the summing up and the correctness of any judicial directions. Introductions should identify the main thrust of the argument, which the answer centres on the presumption of innocence and incompatibility of a reverse burden of proof.
