Practice and Procedure

R v ROY CLARKE (2008)

PUBLISHED April 23, 2008

[2008] EWCA Crim 893

It had been both justified and proportionate to impose the burden of proving that he was qualified to provide immigration services under the Immigration and Asylum Act 1999 on the defendant because the burden was on the prosecution to prove that he had provided such services, it was considerably easier for him to prove qualification than it was for the prosecution to prove that he was not qualified, and because it was a statutory offence created to protect the public interest.

CA (Crim Div) (Leveson LJ, Hedley J, Judge Barker QC (Common Serjeant of London))