Burden and standard of proof – Cooper


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Spring 2008

Considers the rules of evidence as applicable in tribunals by comparison with proceedings in criminal law. What is the burden of proof? What is the standard of proof? How is this affected by the more inquisitorial nature of most tribunal proceedings, compared to a criminal trial?   Differences between jurisdictions are considered. Concludes that where a Tribunal deals with non-criminal proceedings the civil standard of proof (balance of probabilities) should apply.