Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Standard of proof definition

What does Standard of proof mean? The standard of proof is the level of certainty a court or tribunal must reach before treating a fact as proved. In civil proceedings, facts must be proved on the balance of probabilities (more likely than not). In criminal proceedings, guilt must be proved beyond reasonable doubt (often explained to juries as being sure). This civil/criminal distinction is consistent across England and Wales, Scotland, Northern Ireland and Ireland. The concept is a descriptive expression developed through case law and judicial directions rather than a single statutory definition, although particular statutes may specify a standard for defined decisions. Some processes use the civil...

Legal and evidential burdens and standards of proof in criminal proceedings: reverse‑onus exceptions, evidential defences, jury directions, and Article 6 ECHR compatibility (England and Wales)

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Practice notes

There are two kinds of ‘burden’ in criminal proceedings:

the legal burden
the evidential burden

The legal burden

A party carries the legal (also termed ‘the persuasive’) burden when that party bears the responsibility to establish a fact or issue in the case to the requisite Standard of proof. Ordinarily, this burden rests with the prosecution (subject to limited exceptions mentioned below). Thus, where a defendant enters a not guilty plea, the prosecution must prove every element of the offence—for example, the defendant’s identity, the character of the act, any required knowledge or intent, and the refutation of any defences raised. That duty also includes proving negative elements of an offence, such as the absence of consent in a rape or assault allegation. It is for the jury or the magistrates to decide whether the burden has been satisfied. Whichever decision‑making tribunal undertakes this task, it must be evident that the correct test has been applied. A failure to do so can furnish a ground of appeal against conviction...

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Web page updated on 21/05/2026

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