David Janway Davies v Health and Safety Executive  EWCA Crim 2949
The 'reverse burden' and the presumption of innocence.
The Court in Davies was asked to consider whether the 'reverse burden' of proof created by s.40 of the Health and Safety at Work Act 1974 was compatible with the presumption of innocence enshrined in Article 6 (2) of the European Convention on Human Rights. In effect, the Court held that;
Consequently, ‘the imposition of a legal burden of proof is justified, necessary and proportionate’.