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of MAURITIUS
Assignment Cover Sheet
Name of Learner Mr Bundhoo shailesh
OU Learner ID Number 2024/50827
Full Programme Title Diploma In Police Studies & Management Year Semester
1 1
Name of Part-Time Lecturer Sree Krishna Iyammah
Module Title Evidence and court procedures
Assignment Number OUad007111 Please Tick First Submission Re-sit Re-Submission
as Appropriate
Assignment Due Date 26th April 2024 Date Assignment is Submitted No. of Words: (Where Applicable)
22nd April 2024 2068
Query from Learner to Part-Time Lecturer
N/A.......................................................................................................................................................................................................................................

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Learner’s Declaration:
I certify that I have not plagiarised the work of others or participated in unauthorised collaboration when
preparing this assignment. No part of this assignment has been previously submitted as part of another
unit/course. (In case assignment is being submitted by email, the learner must type his/her name in upper-case
letters).

Signature of Learner: BUNDHOO SHAILESH Date: 22nd April 2024

Table to be filled in by Part-Time Lecturer

Basis of Assessment
(This may change for different assignments) Weighting % Marks Awarded Marker's Comment/s
Presentation and Style 10
Evidence of Reading/Application of Theory 20
Logical Development/Discussion of the Topic 30
Development of Insight 30
Conclusion 10
Total Marks Awarded 100
General Comment and recommendation:
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.....................................................................................................................................................................................................................................

Signature of Part-Time Lecturer: ………....………….. Date: …22nd April 2024.……….

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Evidence and court procedures

Diploma Police Studies

Evidence and court procedures

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Evidence and court procedures

COURSE ASSIGNMENT BY PTE 1048 BUNDHOO SHAILESH

ASSIGNMENTS QUESTION: Lord Viscount Sankey opined in Woolmington v DPP that

''throughout the web of the English Criminal Law one golden thread is always to be seen

that is the duty of the prosecution to prove the prisoner's guilt.'' Critically analyse the

above statement.

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TABLE OF CONTENTS

INTRODUCTION 5

WHAT IS THE GOLDEN THREAD IN LAW? 6

WHAT IS THE BURDEN OF PROOF IN CRMINAL LAW? 7

WHO BEARS THE BURDEN OF PROOF? 8/9

DUTIES OF THE PROSECUTOR 10/11

C0NCLUSION 12

REFERENCES 13

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Name: BUNDHOO Shailesh

ID No: 202450827

No of words: 2068

Submission date: 22nd April 2024

Module Title: Evidence and court procedures

Lecturer’s Name: Mr. Sree Krishna Iyammah

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INTRODUCTION

Any student of law of evidence soon becomes familiar with the dictum of Viscount Sankey LC in
Woolmington v DPP where he said:

''Throughout the web of the English criminal law one golden thread is always to be
seen, that it is the duty of the prosecution to prove the prisoner's guilt subject to ….

the defence of insanity and subject also to any statutory exception.''

The Viscount statement of the nature of the legal burden of proof in criminal trials is, simply a
restatement of a fundamental presumption, that a person is presumed to be innocent until proven guilty.

Woolmington v Director of Public Prosecutions (1935) is a landmark case in English criminal law that
established the principle of the presumption of innocence. Lord Sankey, in his judgment, articulated the
principle that it is the duty of the prosecution to prove the guilt of the accused beyond a reasonable doubt.
This principle is often referred to as the "golden thread" running through the English criminal justice system.

The statement by Lord Sankey highlights the foundational principle of criminal law that places the
burden of proof squarely on the prosecution. This means that it is the responsibility of the prosecution to
present sufficient evidence to convince the court or jury of the defendant's guilt. This principle is crucial for
safeguarding the rights of the accused and ensuring fair trials.

One critical aspect of Lord Sankey's statement is its emphasis on the high standard of proof required in
criminal cases - "beyond a reasonable doubt." This standard ensures that individuals are not convicted based

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on mere suspicion or conjecture but on evidence that is compelling and convincing. It serves as a safeguard
against wrongful convictions and protects the presumption of innocence until proven guilty.

WHAT IS THE GOLDEN THREAD IN LAW?

The 1935 evidence in Woolmington v Director of Public Prosecutions established the 'golden thread'
principle that, in general, the prosecution bears the burden of proof in criminal trials. This is the 'cardinal
principle of proof in criminal law,' not just in England and Wales, but right across the common law world.

The case was that the appellant, Reginald Woolmington, was convicted of the willful murder of his
wife and sentenced to death. He appealed on the ground that the judge had misdirected the jury by stating
that he was presumed guilty unless he could prove his innocence. The appeal was dismissed. The case
discusses the burden of proof in criminal cases and the role of the prosecution and the defense. The
defendant is not required to prove their innocence, but must raise a doubt as to their guilt in order to be
acquitted.

While the law on the burden of proof in criminal cases has evolved over time, it is clear that the
prosecution bears the burden of proving the guilt of the defendant beyond a reasonable doubt. The
defendant is not required to prove their innocence, but must raise a doubt as to their guilt in order to be
acquitted. This case clarifies the role of the prosecution and the defense in the criminal cases and upholds the
principle of the presumption of innocence.

Lord Sankey's statement underscores the adversarial nature of the criminal justice system, where the
prosecution and defense each have distinct roles. While the prosecution seeks to establish guilt, the defense
is tasked with challenging the prosecution's case and presenting evidence in support of the defendant's
innocence. This adversarial process is essential for testing the strength of the evidence and ensuring a fair and
balanced trial.
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WHAT IS THE BURDEN OF PROOF IN CRIMINAL EVIDENCE?

A party's duty is to produce sufficient evidence to support an allegation or argument. Burden of proof
never shifts. Burden of proof describes the standard that a party seeking to prove a fact in court must satisfy
to have that fact legally established.

In a legal dispute, one party has the burden of proof to show that they are correct, while the other
party has no such burden and is presumed to be correct. The burden of proof requires a party to produce
evidence to establish the truth of facts needed to satisfy all the required elements of dispute.

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WHO BEARS THE BURDEN OF PROOF?

Every crime has essential elements – the things that make up the crime. The prosecution has to prove
every one of the essential elements, by admissible evidence, to the standard of beyond a reasonable doubt, in
order for the jury to return a verdict of guilty. If the prosecution has not done that as to each and every
element of a charged crime, the jury must find the defendant not guilty. The defendant does not have to
prove anything. They do not have to prove that they did not do it, that someone else did, or prove any theory
of affirmative innocence. The entire trial is about whether or not the prosecution has met their standard of
proof.
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The prosecution will have to introduce admissible evidence showing that

(1) There was an item of personal property,

(2) On the person or immediate presence of another person (victim),
(3) That was taken by the defendant,
(4) Against the will of the victim,
(5) And the taking was accompanied by force or fear.

The evidence presented will have to convince the jury of each of those five elements beyond a
reasonable doubt as to each one. If the prosecution fails as to any one of those elements, the jury must find
the defendant not guilty. If the prosecution simply introduced evidence that the defendant had something in
his possession that was formerly on the jury would have to vote not guilty because there was no evidence of a
taking by force or fear.

In a criminal trial, the burden of proof lies with the prosecution. The prosecution must convince the
jury beyond a reasonable doubt that the defendant is guilty of the charges brought against them. The
prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person
charged. The prosecution also bears a legal burden of disproving any matter in relation to which the
defendant has discharged an evidential burden of proof imposed on him or her.

However, it's important to critically analyze this principle in the context of the broader criminal justice
system. Despite the presumption of innocence and the burden of proof resting on the prosecution, there are

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instances where systemic biases, procedural errors, or inadequate legal representation may compromise the
fairness of the trial. For example, socioeconomic factors, racial biases, or institutional pressures may influence
the way cases are investigated, prosecuted, and adjudicated, potentially leading to miscarriages of justice.

Moreover, the practical application of the principle may vary in different jurisdictions and legal
systems. While the presumption of innocence and the burden of proof are fundamental principles, the specific
rules of evidence, standards of proof, and procedural safeguards may differ across jurisdictions. Additionally,
the principle may face challenges in cases involving complex evidentiary issues, such as circumstantial
evidence or witness credibility.

DUTIES OF THE PROSECUTOR

At any level, the primary role of the prosecutor is to investigate and prosecute impartially criminal
suspects on behalf of the people. The prosecutor's job is to see that all the relevant facts, including those
favorable to an accused, are placed before the court and to present those facts in an ethical, fair,
dispassionate, firm and clear manner. Prosecutors must refrain from all action which could lead to the
conviction of innocent persons.

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1. Investigation

A prosecutor immediately investigates when he/she is aware of a law-offending case through

complaint, reporting, surrender of a suspect or other sources. Public prosecution, non-indictment
or transfer of the case shall be made after the investigation.

2. Indictment
A prosecutor shall prepare public indictment against the suspects after investigation and forward
the case to the court for trial. Implementation on pleas of the crown: in every case, the prosecutor
must participate in cross-examination and justification on the court during the judicial process.

3. Acting as a prosecutor
A prosecutor shall act as a prosecutor on behalf of the state against criminal offenders. He shall
present at the court during the trial and state the main points of indictment after the accused is
interrogated by the judge. He shall maintain his opinions after the court investigation on evidence
is shown. He shall appeal to the higher court if he considers the court decision so unjustifiable to
affect eventual justice.

4. Assisting in a private prosecution

A criminal suit directly filed by a victim is called private prosecution. According to Criminal
Procedure Code, a victim may file a lawsuit with the court. The lawsuit also may be filed by a legal-
representative, lineal relative or spouse of the victim if he is incapacitated, prohibited or dead. The
prosecutor shall state the facts or his opinion at the trial on the date announced by the court if he
believes it is important for the interest of the state and society to offer assistance to the private
prosecutor.

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5. Taking over private prosecutions

Where a private prosecution is unable to proceed or withdraw on the account of profit offered or
threat exerted by the defendant, the prosecutor shall take over the case and carry on the suit can
only be instituted by the private suitor.

6. Directing the enforcement of criminal decision

The prosecutor has the responsibility of directing the enforcement of criminal decision made by
the court for the enforcement of the state penalty, efficiency and justice of law.

CONCLUSION

In conclusion, Lord Sankey's statement in Woolmington v DPP underscores the foundational principle
of the presumption of innocence and the burden of proof in English criminal law. While this principle is crucial
for protecting the rights of the accused and ensuring fair trials, its application requires critical examination in
light of systemic biases, procedural complexities, and the need for continuous efforts to uphold the principles
of justice and fairness in the criminal justice system.

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LIST OF REFERENCES

INTERNET SOURCES:
1. Skills You Need (2017) Barriers to Effective Communication
2. http://www.essex.police.UK>area
3. Communication in law enforcement and the criminal justice system.
4. https://www.ipl.org/essay/Importance-Of-Communication-In-Police.

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Other Sources:
1 The Standing Order of Mauritius Police Force, (June 2015)
2 Police Instruction Manual, (June 2015)
3 Police Strategic Plan 2022-2025
4 CP’s Circular.
5 Administrative Order
6 Police Journal
7 For Law and police studies exams ( Rajeshwar Moosoohur)

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