Shifting the Evidential Goalposts

Abstract

The privilege against self‐incrimination, and the presumption of innocence until proven guilty, with the burden of proof resting firmly on the prosecution, are all fundamental cornerstones of the British criminal justice system, civil rights which the Government appears determined to erode. After using serious fraud and terrorism as its initial test‐bed for unconventional justice, the Government has now broadened its legislative assault in a consultative document detailing planned reforms of criminal evidence disclosure rules. According to Michael Howard MP, the changes are aimed at ‘closing the gap between law and justice’, criticising present rules as burdensome, allowing the guilty to escape, and ‘undermining public confidence’. However, public faith in the criminal justice system is unlikely to be restored by proposals that ultimately seek to tip the scales of justice in the prosecution's favour, engendering the risk of further miscarriages of justice, and yet more embarrassing appearances for Britain before the European Court of Human Rights.

Citation

Sarker, R. (1995), "Shifting the Evidential Goalposts", Journal of Financial Crime, Vol. 3 No. 2, pp. 186-189. https://doi.org/10.1108/eb025706