hello im an indian studnent struggling with this question any help its regarding uk law thanks
Which of the following below regarding the legal and evidential burdens is the most correct?
Which of the following below regarding the legal and evidential burdens is the most correct?
- 1-If there is an evidential burden on the defence due to a specific defence being raised (such as alibi) then the prosecution will have to prove beyond a reasonable doubt that both the alibi is untrue, and that the defendant committed the offence charged.
- 2-Where the legal burden is the prosecution’s alone the evidential burden is also solely on the prosecution.
- 3-Where the legal burden is on the prosecution there is also an evidential burden on the prosecution, however, there might be an evidential burden on the defendant if a specific defence (such as alibi) is raised and then the defendant needs to prove the defence.
- 4-If there is an evidential burden on the defence due to a specific defence being raised (such as alibi) then the prosecution will have to prove on the balance of probabilities that the alibi is untrue, and beyond a reasonable doubt that that the defendant committed the offence charged.
