Law of Evidence

(Word Count – 3900 words. State relevant statutes, Lexis/Nexis PSL and Practical Law. Must incorporate academic law journal articles and include at least 20 case laws (preferably supplement those from the 21st century); use OSCOLA referencing, and based on UK 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 defense of insanity and subject also to any statutory exception’.

  • Lord Sankey in Woolmington v D.P.P.

Critically evaluate how true this statement is.

Requirements:
This essay requires you to explore the concept of the presumption of innocence, legal and evidential burdens, and then the concept of reverse burdens of proof, and whether this represents an interference of the presumption of innocence.

Furthermore, you need to examine relevant case law that has examined reverse burdens of proof in relation to Article 6 of the European Convention on Human Rights, and the provisions of the Human Rights Act 1998.

You MUST also include the above-mentioned mandatory subheadings (highlighted) in your essay, along with a very short, not more than 200-word introduction and conclusion.

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