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ARTICLE · 24 NOVEMBER 2022

Beyond reasonable doubt (criminal) vs balance of probabilities (civil)

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

AustraliaLitigation, Mediation & Arbitration

When a person is charged with a criminal offence, they are only guilty if the prosecution can prove their guilt beyond reasonable doubt. This is known as the "criminal standard of proof." It is a different standard than in civil law-where a plaintiff sues a defendant. In civil cases, the plaintiff must prove their case on the balance of probabilities. There are good reasons for the difference between these two thresholds. The criminal standard is one of the key protections available for individuals who have been accused of a crime but maintain their innocence.

In a criminal trial, the dispute before the court involves the state on one side and an individual on the other. The state includes the police with various specialised units, access to experts and special powers to gather evidence. The individual is someone with limited (or no) money, maybe they have mental health problems, they face stigma and shame just by virtue of being accused, and their access to

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