Woolmington in Context: The Excavation of a Case

Abstract

ABSTRACT The 1935 judgment in Woolmington v Director of Public Prosecutions established the ‘golden thread’ principle that, in general, the prosecution bears the burden of proof in criminal trials. This is the ‘cardinal principle of the criminal law’, not just in England and Wales, but right across the common law world. It is a principle that is now largely taken for granted, but when Woolmington was decided, it represented a sharp and largely unexpected break with past authority. Drawing on a ‘legal archaeology’ methodology, this paper steps outside the limited and, in some respects, misleading facts contained in the official law reports and considers Woolmington in its broader socio-economic and political context, and with particular reference to important gender issues that arise. It seeks, thereby, to improve our understanding of this revolutionary judgment and how it came to be made at this juncture.