Presumption Of Innocence 3
To what extent has the 'presumption of innocence' enunciated in the case Woolmington v DPP [1935] AC 462 vis-a-vis criminal cases changed in light of the Human Rights Act 1998? Discuss.
History
The sixth century Digest of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat - Proof lies on him who asserts, not on him who denies”. It is there attributed to the second and third century jurist Paul. Similar to its Romanic predecessor, Islamic law also holds the principle that the onus of proof is on the claimant, based on a hadith documented by Imam Nawawi. The collapse of Western Modern Empire gave way to the rise of feudalistic justice system. Within it, there was no concept of presumption of innocence. Rather, it was the duty of the accused to prove his innocence, either by means of taking an oath of innocence or through undergoing life-threatening ordeals. It could thus be reasonably inferred that the defendants were required to prove their innocence beyond reasonable doubt.
Contemporary Development
The presumption of innocence presumes the defendant to be innocent until proven guilty, with the prosecution required to prove all the elements of the offence beyond reasonable doubt. This principle was laid down by Viscount Sankey in Woolmington v DPP : “Throughout the web of the English criminal law one golden thread is always to be seen - that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception...”
This ‘golden thread’ was subsequently affirmed in Article 6(2) of the European Convention on Human Rights.
While not a burden of proof per se, the defendant in a criminal trial has an evidential burden where he is seeking to rely on any common law defence other than insanity. Once the defence becomes a live issue, the prosecution must again prove beyond reasonable doubt that facts
History
The sixth century Digest of Justinian (22.3.2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat - Proof lies on him who asserts, not on him who denies”. It is there attributed to the second and third century jurist Paul. Similar to its Romanic predecessor, Islamic law also holds the principle that the onus of proof is on the claimant, based on a hadith documented by Imam Nawawi. The collapse of Western Modern Empire gave way to the rise of feudalistic justice system. Within it, there was no concept of presumption of innocence. Rather, it was the duty of the accused to prove his innocence, either by means of taking an oath of innocence or through undergoing life-threatening ordeals. It could thus be reasonably inferred that the defendants were required to prove their innocence beyond reasonable doubt.
Contemporary Development
The presumption of innocence presumes the defendant to be innocent until proven guilty, with the prosecution required to prove all the elements of the offence beyond reasonable doubt. This principle was laid down by Viscount Sankey in Woolmington v DPP : “Throughout the web of the English criminal law one golden thread is always to be seen - that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception...”
This ‘golden thread’ was subsequently affirmed in Article 6(2) of the European Convention on Human Rights.
While not a burden of proof per se, the defendant in a criminal trial has an evidential burden where he is seeking to rely on any common law defence other than insanity. Once the defence becomes a live issue, the prosecution must again prove beyond reasonable doubt that facts
Bibliography: Books Dennis I, The Law of Evidence (4th edn, Sweet & Maxwell 2013) Murphy P, Murphy on Evidence, (10th edition OUP, Oxford 2010) Charanjit S and Mohamed R, Unlocking Evidence (2nd edition, Routledge 2013) Table of Cases McNaghten (1843) 10 Cl Salabiaku v France (A/141-A) (1991) 13 E.H.R.R. 379 ECtHR. Attorney-General’s Reference (No.1 of 2004) [2004] EWCA Crim 1025. Attorney-General’s Reference (No.4 of 2002) [2003]EWCA Crim 762.