The burden of proof

Dear Sir or Madam,

Given what I have just found in Hansard could you please supply the
information on what you can do in relation to investigating the
fact that Parliament intended that the burden of proof should be on
the prosecution in the Wildlife and Countryside Act 1981 however it
has been wrongly placed on the defendant for many years?

http://hansard.millbanksystems.com/writt...

WILDLIFE AND COUNTRYSIDE ACT 1981: DECISIONS TO PROSECUTE HL Deb 15
March 1983 vol 440 c718WA 718WA

§ Lord Melchett

asked Her Majesty's Government:

Why, in respect of the shooting of a barnacle goose on Islay on
25th October 1982, the procurator fiscal decided that no
proceedings should be taken, and whether the procurator fiscal
decided, as with an incident that occurred on 27th January 1983 on
Islay, that no offence had been committed.

§ The Lord Advocate (Lord Mackay of Clashfern)

In deciding whether the facts as disclosed to the procurator fiscal
justified the taking of proceedings under the Wildlife and
Countryside Act 1981, the procurator fiscal had to decide whether
an offence had been committed, whether there was sufficient
evidence to prove the alleged offence against the accused and
whether there was any excuse for the accused's conduct. The
decision in respect of the incident of 25th October 1982 involved
the exercise of a judgment by the procurator fiscal taking all the
circumstances into consideration. It would not be appropriate to
give the detailed grounds upon which the decision was taken. I have
examined the circumstances of the case, and am satisfied that the
procurator fiscal exercised his judgment in a proper manner.

Forward to CIDER: PRODUCTION AND TAXATION

Noticed a typo? | Report other issues | © UK Parliament

Yours faithfully,

Derek Canning LLB [HONS]

Dear Sir or Madam,

Under the Freedom of Information Act YOU should have replied by
now, and are breaking the law therefore I want an internal review.

Yours sincerely,

Derek Canning LLB [HONS]

Dear Sir or Madam,

Could you please tell me what has occurred to the internal review
and the information requested?

Yours sincerely,

Derek Canning LLB [HONS]