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Burden and standard of proof in criminal proceedings

There are two kinds of ‘burden’ in criminal proceedings:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the prosecution (subject to certain exceptions as explained below). This means that where the defendant pleads not guilty, the prosecution have the burden of proving all the elements of the offence (eg the identity of the defendant, the nature of the act, the existence of any necessary knowledge or intent and the negating of any defences which are raised). It includes proving negative elements of an offence (eg lack of consent in a rape or assault case). It is for the jury or magistrates to determine whether the burden has been discharged.Whichever decision making tribunal is responsible for making this decision, it must be clear that it has applied the correct test. Failures in this regard can give...

Witness evidence—inferences about absent witnesses

Witness evidence—inferences about absent witnesses Proving an assertion The proof of an assertion made in a statement of case is usually done by accepted or unchallenged documentary evidence disclosed in the course of the case, or by oral evidence given at trial that withstands cross-examination, or a combination of these. Unless direct evidence in one of these ways is led at trial, the assertion will remain unproved. To prove less significant allegations, hearsay evidence may be put forward. Being untested by cross-examination, the weight given to hearsay statements tends to be limited; this is always a matter for the trial judge’s evaluation. Judges are conscious of the degree to which witnesses’ recollections can fade or be affected by their involvement in litigation. That explains why a judge will place such store by contemporaneous documentary evidence. In Re Mumtaz Properties Arden LJ said: ‘In my judgment, contemporaneous written documentation is of the very greatest importance in assessing credibility [of a witness of fact]. Moreover, it can be significant not only...

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Where the raw materials for a product are manufactured in the UK, sent abroad for assembly and then returned to the UK for sale, is it possible to identify on a label that the goods are ‘a product of the UK’ or similar?

Where the raw materials for a product are manufactured in the UK, sent abroad for assembly and then returned to the UK for sale, is it possible to identify on a label that the goods are ‘a product of the UK’ or similar? We do not have a Practice Note on the specific point raised in your query, but we refer you the below content which may assist you with your research. Country of origin and labelling requirements Generally, there is no overarching requirement to identify the country of origin on a label when selling goods in England and Wales. While there is no overarching requirement to include the country of origin on the label, there are sector specific rules that may require traders to do this. For example, the country of origin must be included on the label for certain meat and products where the origin of the food indicated is not the same as that of its primary ingredient. For more information on sector specific...

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Immigration weekly highlights—23 November 2023

Welcome to the 23 November 2023 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Managing copyright risk in the music industry

IP analysis: Singer-songwriter Ed Sheeran was recently held not to have infringed copyright in a case before a jury in New York. This follows a similar result in the UK case last year alleging copyright infringement of ‘Oh Why’ in his song, ‘Shape of You’ (Sheeran and others v Chokri and others [2022] All ER (D) 48 (Apr) [2022] EWHC 827 (Ch)). Joel Smith, partner, and Penelope Thornton, counsel knowledge lawyer, at Hogan Lovells LLP, provide comment on the development of copyright infringement claims involving major music artists.