Attorney General Reference No. 1 of 2004 [2004] EWCA Crim 1025 (29 April 2004)

Attorney General Reference No. 1 of 2004 [2004] EWCA Crim 1025 (29 April 2004)

Reverse legal burdens of proof in criminal statutes do not automatically contravene Article 6(2) ECHR. Their compatibility depends on whether the burden is justified and proportionate, considering the nature of the offence, the facts within the defendant's knowledge, and the seriousness of the penalty. Where possible, courts should interpret such provisions as imposing only an evidential burden, but if the statutory language is clear and incompatibility is unavoidable, a declaration of incompatibility may be appropriate. The approach of Lord Nicholls in R v Johnstone should be preferred over Lord Steyn in R v Lambert until clarified by the House of Lords. Preparatory hearings should only...

Citation
[2004] EWCA Crim 1025
Parties
Prosecution: Regina; Applicant: Attorney General; Defendant: Edwards; Defendant: Denton; Defendant: Jackson; Defendant: Hendley; Defendant: Crowley
Jurisdiction
England and Wales
Judgment Date
29 April 2004
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal (criminal Division) Judgment Following Preparatory Hearings and Reference
Outcome
Guidance issued; appeals and reference determined in accordance with the principles set out.
Legal Topics
Reverse Burden of Proof, Presumption of Innocence, Article 6 ECHR, Preparatory Hearings, Interpretation of Statutes, Proportionality, Human Rights Act 1998
Criminal Law Human Rights Law Constitutional Law Reverse Burden of Proof Presumption of Innocence Article 6 ECHR Preparatory Hearings Interpretation of Statutes +2 more

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Parties

Regina

Prosecution

Attorney General

Applicant

Edwards

Defendant

Denton

Defendant

Jackson

Defendant

Hendley

Defendant

Crowley

Defendant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal (criminal Division) Judgment Following Preparatory Hearings and Reference

Legal Issues

  1. 1 Whether statutory reverse burdens of proof contravene Article 6(2) ECHR (presumption of innocence)
  2. 2 Whether such burdens can be justified and, if not, whether they can be read down to evidential burdens under section 3(1) HRA 1998
  3. 3 When it is appropriate to hold a preparatory hearing under the CPIA 1996

Ratio Decidendi

Reverse legal burdens of proof in criminal statutes do not automatically contravene Article 6(2) ECHR. Their compatibility depends on whether the burden is justified and proportionate, considering the nature of the offence, the facts within the defendant's knowledge, and the seriousness of the penalty. Where possible, courts should interpret such provisions as imposing only an evidential burden, but if the statutory language is clear and incompatibility is unavoidable, a declaration of incompatibility may be appropriate. The approach of Lord Nicholls in R v Johnstone should be preferred over Lord Steyn in R v Lambert until clarified by the House of Lords. Preparatory hearings should only...

Court Disposition

Guidance issued; appeals and reference determined in accordance with the principles set out.

Orders

  • Lower courts should follow the approach of Lord Nicholls in R v Johnstone regarding reverse burdens.
  • Preparatory hearings should only be held where statutory requirements are met.