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17 February 2023 / Simon Parsons
Issue: 8013 / Categories: Features , Criminal , Procedure & practice
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Presumption of innocence: just empty rhetoric?

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Is the ‘golden thread’ of Woolmington wearing thin? Simon Parsons examines the insanity defence & legal burdens of proof
  • The defence of insanity is the only common law exception to the Woolmington thread—the presumption of innocence. An accused person who raises the defence of insanity has the legal burden of proving it.
  • Woolmington should be extended to both limbs of the insanity defence, as it seems morally wrong to impose a legal burden of proof on accused persons in respect of both limbs where they have an extremely limited grasp of reality.

In the famous case of Woolmington v DPP [1935] AC 462, Reginald Woolmington and Violet Smith were married and set up home together, but Violet was unhappy, so she left Reginald and went home to her mother. Reginald was terribly upset, so he got a gun and decided to go to see Violet to persuade her to return to him. When they met, Reginald said: ‘Are you coming back?’ Violet replied no, and in response

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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