Chapter 2B: The Presumption of Innocence

Question 1

What is the presumption of innocence?

Answer 1

A guarantee made to all accused persons that they are to be treated as innocent, until it is proven with evidence beyond a reasonable doubt, that they are guilty of a criminal offence

Question 2

How does the presumption of innocence uphold equality?

Answer 2

It is afforded to all accused persons, regardless of their circumstances

Question 3

What is the presumption of innocence in place to do?

Answer 3

To protect individuals from mistreatment by the state

Question 4

What is self-incrimination?

Answer 4

The act of exposing oneself as being implicated in a crime

Question 5

What is the standard of proof for a criminal case?

Answer 5

The prosecution must prove the accused is guilty beyond a reasonable doubt

Question 6

How does the presumption of innocence affect an accused person?

Answer 6

They cannot be pressured to give evidence to prove their guilt, can remain silent when asked questions during a trial or investigation, have the right to make a bail application and the right for legal representation

Question 7

What is the relationship between police and individuals in a criminal case?

Answer 7

The police tend to be in a position of much greater authority than the individuals they are investigating

Question 8

How are the police more powerful than individuals?

Answer 8

Police members are trained in how to investigate crimes, police force has access to forensic experts and being questioned by the police can be very intimidating

Question 9

How does the Victorian legislation uphold the presumption of innocence?

Answer 9

By limiting police powers during the investigation process, they attempt to address power imbalances

Question 10

What does the presumption of innocence ensure?

Answer 10

Each person’s right to not be wrongfully arrested and the right to silence for an accused person

Question 11

From whom can police collect forensic evidence from?

Answer 11

A person whom they reasonably suspect has committed a serious offence, and must inform the suspect of the offence

Question 12

What does the presumption of innocence allow for during a trial;?

Answer 12

The right to apply for bail, the right to seek legal representation and the right not to have prior convictions considered

Question 13

What is a committal proceeding?

Answer 13

A procedure used to avoid unnecessary stress for accused persons as the law ensures that only strong cases proceed to trial

Question 14

What must a judge explain to a jury in order to uphold the presumption of innocence?

Answer 14

They must explain the presumption of innocence to a jury before a case and instruct that the burden of proof rests with the prosecution

Question 15

What can parliament do in terms of the presumption of innocence?

Answer 15

As parliament is the supreme lawmaker, they can pass legislation that operates in a way that is contrary to the presumption of innocence

Question 16

What does the Bail Act of 1977 state?

Answer 16

Individuals charged with particular offences such as murder and home invasions will be presumed not to be entitled to bail, unless they can prove that exceptional circumstances apply

Question 17

What are the exceptional circumstances to the Bail Act?

Answer 17

Being a child, suffering serious/repeated violence whilst in custody, having significant physical/psychological problems or facing a term of imprisonment shorter than the time they are likely to spend awaiting trial

Question 18

What does the Drugs, Poisons and Controlled Substances Act of 1985 state?

Answer 18

The onus is placed upon an accused person to prove they did not know the drugs were there or did not intend to possess the drugs

Question 19

What does the Victorian Charter of Human Rights of 2006 state?

Answer 19

A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law