~1min read
03related terms
May 2026reviewed
In detail
How balance of probabilities works in practice.
Balance of probabilities is the standard of proof used in civil proceedings. It requires the party bearing the onus to show that a fact is more probable than not, meaning at least 51 per cent likely. In criminal proceedings the prosecution must meet the higher standard of beyond reasonable doubt. However, where an accused is required to establish a specific statutory defence or exception, they may need to do so on the balance of probabilities. This distinction is important in understanding what each party must demonstrate in a criminal matter.
§Browse glossary
