2. Burden of Proof
The Australian legal system
believes that a person is
“innocent until proven guilty”
This means that the
prosecution is responsible for
proving that the accused
committed the crime they have
been charged with. It is NOT
up to the accused to prove that
they are innocent.
Therefore, it is said that the
burden of proof lies with the
prosecution.
‘Burden of proof’ is sometimes
known as ‘onus of proof’.
3. Standard of Proof
The prosecution not only has the burden of
proof, they must also meet a standard of
proof (a level of proof) before they can “win”.
In Australian criminal cases, that standard of
proof is beyond a reasonable doubt.
This means that the judge or jury must be able to
answer “no” to the question “Is there any
reasonable possibility that the accused is not
guilty?” before they can find the accused guilty.
4. Questions
Both the burden and
standard of proof are said
to be essential to
achieving justice in our
criminal legal system.
Why is this so?
The standard of proof is
lower in civil court.
Why does the standard
of proof have to be
higher in a criminal
court?
