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In what is looking spookily like a tandem publicity campaign for the paperback release of #FakeLaw, the Mail on Sunday offers a classic from Chapter 7.
The Burden and Standard of Proof in criminal cases.
Or Why A Not Guilty Verdict Does Not Mean A Complainant Has Lied
[THREAD]
The Burden and Standard of Proof in criminal cases.
Or Why A Not Guilty Verdict Does Not Mean A Complainant Has Lied
[THREAD]
Lavinia Nourse was acquitted by a jury last week of serious criminal charges relating to child sexual abuse.
Amanda Platell’s thesis is that this acquittal proves that the Crown Prosecution Service were wrong to prosecute.
Let’s start with the basics.
Amanda Platell’s thesis is that this acquittal proves that the Crown Prosecution Service were wrong to prosecute.
Let’s start with the basics.
When deciding whether to charge a criminal allegation, the CPS apply a two-stage test.
1) Is there a realistic prospect of conviction based on the evidence?
2) If so, is it in the public interest to prosecute?
Yes to both = a prosecution.
1) Is there a realistic prospect of conviction based on the evidence?
2) If so, is it in the public interest to prosecute?
Yes to both = a prosecution.
