Dennis, I.; (2005) Reverse onuses and the presumption of innocence: in search of principle. Criminal Law Review , 2005 (Dec) pp. 901-936.
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Discusses the UK courts' approach to whether placing the burden of proof on the defendant in criminal trials is compatible with the presumption of innocence under the European Convention on Human Rights 1950 Art.6(2). Reviews the nature of the problem and highlights case law on the decision making process to be undertaken in the event of a human rights challenge, involving: (1) the interpretation of the statute; (2) the relevant criteria used to justify the reverse onus, including issues of judicial deference, the classification of offences, the construction of criminal liability, ease of proof and the significance of the presumption of innocence; and (3) the reading down of an unjustified reverse onus. Reflects on the significance of proportionality and includes an appendix of relevant cases.
|Title:||Reverse onuses and the presumption of innocence: in search of principle|
|Additional information:||A Sweet & Maxwell publication available with subscription|
|Keywords:||Criminal procedure, presumption of innocence, proportionality, reverse burden, right to fair trial|
|UCL classification:||UCL > School of Arts and Social Sciences > Faculty of Laws|
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