... of proof is shifted to the defendant. Under common law, the only exception to the 'golden thread' is when the defence of insanity is raised by the accused. He must establish this on a balance of probabilities. It can be traced back to the advisory opinions of the judges in M'Naughten's Case.3 Statues may expressly decree that the defence bears the legal burden of proof: s.30(1) Sexual Offences Act 19564, s.2(2) Homcide Act5 and s.74(2) Police and Criminal Evidence (PACE) Act 19846. Statutes may also cast the burden of proof on the accused by necessary implication as enshrined in the leading case of R v Turner.7 This branch of the law of evidence has undergone considerable change in the wake of the passage of the Human Rights Act (HRA) 1998. Since s.3 HRA 19988 requires courts to interpret English legislation so far as possible in a manner compatible with the ...

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