Key Chapter Points

• The burden and standard of proof starts with the prosecution (criminal) or claimant (civil) but can reverse on to the opposing party.

• The prosecution bears an evidential burden to produce enough evidence to ensure that there is a case to answer. Failure to do this could lead to the defence making a ‘submission of no case to answer'.

• It is important to always adhere to procedural rules and court processes in relation to the preparation of documents and bundles for trial.

• Criminal advocates should be familiar with the sentencing guidelines of the Sentencing Council.

• Civil advocates should be familiar with the different remedies and enforcement powers of the court.

• The rules of appeals differ in criminal and civil proceedings.