Tuesday, 30 September 2014

Legal burden of proof in criminal proceedings

criminal proceedings singapore

The legal standard of proof in civil proceedings is on the balance of probabilities. In lay man terms, it requires a proposition that is more likely true than not to meet this legal standard. Effectively, this standard is met if the Judge is satisfied if there is greater than 50 percent chance that the proposition is true. Parties in the proceedings are to present their case to the Judge in a way which will be advantageous to them. The burden of proof will be on the party whose proposition is weaker.

However, this is not the case for criminal proceedings. The Legal standard of proof in criminal proceedings is beyond a reasonable doubt. There is a presumption of innocence until the court proves that the offender is guilty beyond a reasonable doubt. This is in essence a higher standard of proof compared to the balance of probabilities. The burden of proof falls on the Public Prosecution to ensure that the offender is guilty without any reasonable doubt or uncertainty in his case. Prosecution can only convict offender if he was fully certain on the facts that offender has undoubtedly committed the said crime.

Should you have any questions or need legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

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