Shifting the Evidential Goalposts

Pages186-189
DOIhttps://doi.org/10.1108/eb025706
Date01 March 1995
Published date01 March 1995
AuthorRinita Sarker
Journal of Financial Crime Vol. 3 No. 2 Prosecution and Investigation
Shifting the Evidential Goalposts
Rinita Sarker
The privilege against self-incrimination, and the
presumption of innocence until proven guilty,
with the burden of proof resting firmly on the
prosecution, are all fundamental cornerstones of
the British criminal justice system, civil rights
which the Government appears determined to
erode. After using serious fraud and terrorism as
its initial test-bed for unconventional justice, the
Government has now broadened its legislative
assault in a consultative document detailing
planned reforms of criminal evidence disclosure
rules.
According to Michael Howard MP, the
changes are aimed at 'closing the gap between law
and justice',1 criticising present rules as burden-
some, allowing the guilty to escape, and 'under-
mining public confidence'. However, public faith
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