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Justine Thomas The local authority is prosecuting Harold. Where a criminal liability is imposed on the defendant then the legal burden rests on the prosecution.1 There will be an accumulation of issues and of the evidential burden of each of those issues. The prosecution must prove its case beyond a reasonable doubt to win the case. There is a presumption of the defendant's innocence. This presumption is supported by the Human Rights Act Article 6, which covers the right to a fair trial. If Harold is tried on indictment then the burden of proof requirements would be the same. R v Edwards2 the Court of Appeal acknowledged that there was no difference between the burden of proof requirements in summary or indictable offences. The legal burden on the prosecution is to prove each of the facts in issue that together make up the whole case. They also bear an evidential burden...

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