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Burden of proof The non-fugitive initial presumption of innocence upon the accused and the heavy onus of proof insisted upon the prosecution to prove the guilt of an accused beyond reasonable doubt steadily erect the fundamentals of English criminal law. Thus, an accused person cannot be adjudged guilty, unless and until it is proven, accomplishing the standard of proof, that he is guilty. This is unyieldingly reflected in Art.6(2) European Convention of Human Rights (ECHR).1 The 'golden thread' which imposes the entire legal burden on the prosecution was robustly constructed in the landmark case of Woolmington v DPP.2 The House of Lords rejected the approach that the defendant was to bear the burden of establishing any defence he wished to advance, since it was for the Crown to prove that he had committed the actus reus of the offence. Instead, it was held that, save in certain exceptional cases, the prosecution bore...

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