BRICKFIELDS ASIA COLLEGE

UK Transfer Degree Programme (Law)

Assessment - Coursework
Module - Law of Evidence
Module Code - LE 201
Submission Date - 18 November 2014
Submission time - 9.00am
Instructions to Candidates
Your answer must be typed.
Font: Calibri
Font Size: 12 with 2.0 spacing
Length of assignment: Between 2000 to 3000 words.
Question
The overriding concern is that a trial should be fair, and the presumption of innocence is a
fundamental right directed to that end. The Convention does not outlaw presumptions of fact or law
but requires that these should be kept within reasonable limits and should not be arbitrary.
Lord Bingham in Sheldrake v DPP [2004] All ER 169 Para 21
Critically analyse whether the courts have achieved this balance?
In particular you should consider:
1. What the traditional approach taken with regards to the presumption of innocence in a
criminal trial was;
2. What the exceptions are to the traditional approach taken with regards to the presumption of
innocence in a criminal trial;
3. What factors a court will take into account when deciding to reverse the traditional approach
taken with regards to the presumption of innocence in a criminal trial.