The court was asked whether the legal burden of proving whether a defendant acted without reasonable excuse in breach of an Anti-social Behaviour Order rests upon the Crown or the defence.
Held: It was for the prosecution to establish that the defendant had acted without a reasonable excuse when acting in breach of the ASBO. The judge had acted without being advised of the JSB guide which stated that if the defendant raised the evidential issue of reasonable excuse, it was for the prosecution to prove lack of reasonable excuse.
Lord Justice Thomas, Mr Justice Wilkie and Mrs Justice Dobbs
[2009] EWCA Crim 1570, Times 25-Aug-2009, (2009) 173 JP 481, [2010] 1 Cr App R 2
Bailii
Crime and Disorder Act 1998 1(10)
England and Wales
Cited by:
Cited – Regina v Richards CACD 10-Mar-2010
The defendant appealed against his conviction for breach of a non-molestation order. He said that the prosecutor should have had the burden of proving that he had no lawful excuse for the acts complained of. He was said to have gone to the . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 02 November 2021; Ref: scu.365621