Practice and Procedure

R V DANIEL (2002)

PUBLISHED March 22, 2002

[2002] EWCA Crim 959

The burden of proof imposed under s.352 Insolvency Act 1986 regarding whether a bankrupt had intended to defraud the official receiver was evidential only, following the reasoning in R v C (2001) EWCA Crim 2845, but a decision made before that case and before the introduction of the Human Rights Act 1998, that the burden of proof was a legal burden, had been correct at the time. This case is reported at Times, April 08, 2002.

CA (Crim Div) (Auld LJ, Newman J, Roderick Evans J)