Law and Rights
Central to the Bloody Sunday Inquiry is the question whether the shooting of civilians by soldiers was justified.
In 2004, the Inquiry was asked to make a ruling as to the standard of proof which would be applied. The ruling may be read here.
An inquiry is a fact-finding exercise and does not determine criminal or civil liability. In making its findings, the Saville Inquiry was not persuaded to apply the criminal standard of proof (or any enhanced civil standard of proof - see note below). It was decided, very much in line with the approach taken by other inquiries such as Shipman, that reasoned conclusions on the evidence would be stated together with the degree of confidence or certainty with which a conclusion had been reached.
Note: In recent years there has been controversy over the standard of proof applicable to civil cases. This was not put to rest until 2008 with the cases of Re Doherty [2008] UKHL33 and Re B (Children) [2008] UKHL 35. There is the one civil standard (balance of probabilities) which is to be applied with some flexibility according to the seriousness of the allegations. The ruling of the Saville Inquiry (above) avoided this debate.
- Child Abuse ~ Children's Commissioner ~ Standards Of Proof In Sharp Contrast
The Guardian 25th January reported the views of Anne Longfield (The Children's Commissioner for England and Wales) as expressed in a brief interview on BBC Radio TODAY programme - Call to review the Burden of Proof in child sex abuse cases. Given...
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In March 2004, a baby girl (T-L) was found dead in her parent's bed. Some weeks before her death she had suffered 17 fractures to her ribs. There was also other bruising. The official cause of death was asphyxia by obstruction...
- Inquiries In Northern Ireland ... And Inquests
The Inquiry into the murder, on 15th March 1999, of Northern Ireland solicitor Rosemary Nelson has reported. She was killed by a bomb attached to her car and a "loyalist" group known as "Red Hand Defenders" claimed responsibility. The Rosemary...
- The Saville (bloody Sunday) Report Is Issued
The Bloody Sunday Inquiry has issued its report and has found the 14 people who died that day to be innocent victims. David Cameron's speech in Parliament may be viewed via BBC. Mr Cameron stated Saville's principal findings and offered...
- Bloody Sunday - Report Imminent
The Guardian 10th June states that it has "learned" that killings on so-called Bloody Sunday (30th January 1972) in Northern Ireland are to be ruled unlawful. Whether this proves to be the case remains to be seen. The Saville Inquiry has run...
Law and Rights
Bloody Sunday Inquiry - Standard of Proof
In 2004, the Inquiry was asked to make a ruling as to the standard of proof which would be applied. The ruling may be read here.
An inquiry is a fact-finding exercise and does not determine criminal or civil liability. In making its findings, the Saville Inquiry was not persuaded to apply the criminal standard of proof (or any enhanced civil standard of proof - see note below). It was decided, very much in line with the approach taken by other inquiries such as Shipman, that reasoned conclusions on the evidence would be stated together with the degree of confidence or certainty with which a conclusion had been reached.
Note: In recent years there has been controversy over the standard of proof applicable to civil cases. This was not put to rest until 2008 with the cases of Re Doherty [2008] UKHL33 and Re B (Children) [2008] UKHL 35. There is the one civil standard (balance of probabilities) which is to be applied with some flexibility according to the seriousness of the allegations. The ruling of the Saville Inquiry (above) avoided this debate.
- Child Abuse ~ Children's Commissioner ~ Standards Of Proof In Sharp Contrast
The Guardian 25th January reported the views of Anne Longfield (The Children's Commissioner for England and Wales) as expressed in a brief interview on BBC Radio TODAY programme - Call to review the Burden of Proof in child sex abuse cases. Given...
- Child Care Cases - A Difficult Question Of Law Heading To The Supreme Court
In March 2004, a baby girl (T-L) was found dead in her parent's bed. Some weeks before her death she had suffered 17 fractures to her ribs. There was also other bruising. The official cause of death was asphyxia by obstruction...
- Inquiries In Northern Ireland ... And Inquests
The Inquiry into the murder, on 15th March 1999, of Northern Ireland solicitor Rosemary Nelson has reported. She was killed by a bomb attached to her car and a "loyalist" group known as "Red Hand Defenders" claimed responsibility. The Rosemary...
- The Saville (bloody Sunday) Report Is Issued
The Bloody Sunday Inquiry has issued its report and has found the 14 people who died that day to be innocent victims. David Cameron's speech in Parliament may be viewed via BBC. Mr Cameron stated Saville's principal findings and offered...
- Bloody Sunday - Report Imminent
The Guardian 10th June states that it has "learned" that killings on so-called Bloody Sunday (30th January 1972) in Northern Ireland are to be ruled unlawful. Whether this proves to be the case remains to be seen. The Saville Inquiry has run...