ABSTRACT

Exceptionally, the defendant may bear a burden of proof. For example, if the defendant is charged with possession of an offensive weapon (s 1 of the Prevention of Crime Act 1953), it is open to him to show that he had lawful authority or reasonable excuse. In such a case, it must be made clear to the jury that the defendant can satisfy this burden of proof on the balance of probabilities (that is, showing that it is more likely than not that he had lawful authority or reasonable excuse).