R v Lambert 
- The defendant was in possession of drugs contract to the Misuse of Drugs Act 1971
- Was the judge correct to direct the jury that there was an implied legal burden on the defendant to prove his lack of reasonable belief of possession?
- Yes, but not in future
- If the trial took place after the implementation date of the Human Rights Act 1998, a legal burden would run contrary to the right to a fair trial (Article 6(2) ECHR), therefore in future, only an evidential burden may be imposed on the defendant
- No such protection exists in this case as the trial took place prior to that implementation date
Posted in Criminal Law Revision Notes.
This page was last updated on 7th January 2015