Standard of proof (England and Wales)
The standard of proof describes how certain the decision-maker must be that a fact is established. In ordinary civil claims the usual standard is the balance of probabilities: the fact is more likely than not. In a criminal trial the court must generally be sure of guilt, commonly expressed as beyond reasonable doubt. Specific proceedings can use different rules; the standard is distinct from identifying which party bears the burden of proof.
Worked example
In an ordinary civil contract dispute, the judge considers whether the claimant has established the relevant fact on the balance of probabilities. A criminal jury considering guilt applies the criminal standard instead.
Common mistake
Assuming that the prosecution’s decision to charge uses the same test as a criminal court’s verdict, or that all civil proceedings invariably use the ordinary civil standard.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (ENG) | Supporting | September 2026–June 2027 |