What is the standard of proof required to convict of a misconduct offence?
In deciding matters of fact the burden of proof lies with the presenting officer and the tribunal must apply the standard of proof in civil cases, that is, the balance of probabilities. The straightforward legal definition of the civil standard of proof is that the adjudicator is convinced by the evidence that it is more likely or probable that something occurred that it did not occur. Importantly, relevant case law makes it clear that the degree of proof required increases with the gravity of what is alleged and its potential consequences. It therefore follows that, were an allegation is likely to ruin an officer reputation, deprive them of their livelihood or seriously damage their career prospects, a tribunal should be satisfied to a high degree of probability that what is alleged has been proved.
