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Chapter

Cover Evidence

2. Burden and Standard of Proof  

Chapter 2 is divided into two parts. The first part is concerned with the manner in which a dispute as to which party bears the burden of proving a particular issue in a trial should be resolved. The question may arise in a criminal trial as to whether it is the prosecution or defence which bears the burden of proving a certain issue, and in a civil trial as to whether it is the claimant or defendant who bears the burden of proving a certain issue. The second part focuses on the standard to which the burden of proving a particular issue requires to be discharged.

Chapter

Cover Evidence Concentrate

7. Competence, compellability, and special measures  

This chapter focuses on the competence and compellability of witnesses in criminal and, in outline, in civil trials. It explains the main criminal law exceptions in relation to competence and universal compellability. It gives details on the complex and controversial position under s80 of the Police and Criminal Evidence Act (PACE) 1984. The chapter outlines the special measures directions (SMDs) available under the Youth Justice and Criminal Evidence Act (YJCAE) 1999 for vulnerable non-defendant witnesses in criminal trials. The more limited measures for vulnerable defendants are outlined, in particular the use of intermediaries. The chapter concludes with an outline of the Criminal Evidence (Witness Anonymity) Act 2008.