Lambert & Ors, R v [2000] EWCA Crim 3542 (31 July 2000)

Lambert & Ors, R v [2000] EWCA Crim 3542 (31 July 2000)

Statutory provisions that place a persuasive burden on the defendant to prove certain defences or exceptions, such as diminished responsibility under section 2 of the Homicide Act 1957 or lack of knowledge under sections 5 and 28 of the Misuse of Drugs Act 1971, do not contravene Article 6(2) ECHR or the Human Rights Act 1998, provided they do not require the defendant to disprove an essential element of the offence and are justified by policy considerations. The appeals are therefore dismissed.

Citation
[2000] EWCA Crim 3542
Parties
Appellant: Steven Lambert; Appellant: Shirley Jordan; Appellant: Mohammed Mudassir Ali; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
31 July 2000
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeals dismissed
Legal Topics
Burden of Proof, Presumption of Innocence, Statutory Defences, Human Rights Act 1998, Article 6 ECHR, Diminished Responsibility, Possession of Controlled Drugs
Criminal Law Human Rights Law Constitutional Law Burden of Proof Presumption of Innocence Statutory Defences Human Rights Act 1998 Article 6 ECHR +2 more

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Parties

Steven Lambert

Appellant

Shirley Jordan

Appellant

Mohammed Mudassir Ali

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether statutory provisions placing a persuasive burden on defendants to prove certain defences are compatible with Article 6 of the European Convention on Human Rights as incorporated by the Human Rights Act 1998
  2. 2 Whether sections 2 of the Homicide Act 1957 and sections 5 and 28 of the Misuse of Drugs Act 1971 contravene the presumption of innocence under Article 6(2) ECHR

Ratio Decidendi

Statutory provisions that place a persuasive burden on the defendant to prove certain defences or exceptions, such as diminished responsibility under section 2 of the Homicide Act 1957 or lack of knowledge under sections 5 and 28 of the Misuse of Drugs Act 1971, do not contravene Article 6(2) ECHR or the Human Rights Act 1998, provided they do not require the defendant to disprove an essential element of the offence and are justified by policy considerations. The appeals are therefore dismissed.

Court Disposition

appeals dismissed