7.1.4 Different levels of proof
Burden of proof
The burden of proof is the obligation to prove the overall case or an element of it. The general rule in both criminal and civil cases is that whoever starts the case has the overall burden of proof. Therefore the prosecution has the burden of proof in a criminal case and the claimant has the burden of proof in a civil case.
Standard of proof
The standard of proof is the level to which the case has to be proved. The criminal standard is very different from the civil standard.
In a criminal case, the prosecution is brought by the state, which has huge powers and resources. By contrast, the defendant is usually an individual, whose liberty may be at stake. The standard of proof is therefore beyond reasonable doubt: the court must only convict the defendant if it is sure of their guilt.
In a civil case, the parties are (in theory, at least) more evenly matched. They are usually individuals or organisations, not representatives of the state. The standard of proof is therefore on the balance of probabilities: in order to win, the claimant must show their case is more likely than not to be true.
