Moved by
Lord Sharpe of Epsom
35: Clause 11, page 10, line 21, leave out “prove” and insert “show”
Member's explanatory statement
This amendment reduces the burden of proof on the defendant from a legal burden to an evidential burden.
36: Clause 11, page 10, line 21, at end insert—
“(5A) A person is taken to have shown a matter mentioned in subsection (5) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.”
Member's explanatory statement
This amendment clarifies how the burden of proof may be satisfied in relation to the defence in subsection (5).