The court was asked whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the 2015 Act, or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal standard one or more of the elements of the defence. The applications for leave to appeal have been referred to the full court by the Registrar.
Lord Burnett CJ, Andrews DBE, Martin Spencer JJ
[2018] EWCA Crim 667, [2018] WLR(D) 203, [2018] Crim LR 922, [2018] 2 Cr App R 14, [2018] 3 WLR 895, [2018] 3 All ER 566
Bailii, Bailii, WLRD
Modern Slavery Act 2015 45
England and Wales
Criminal Evidence
Updated: 12 November 2021; Ref: scu.608703
