The presumption of innocence

Question 1

What is the presumption of innocence guaranteed by?

Answer 1

Charter of Human Rights and Responsibilities Act 2006 (Vic) which is a Victorian statute that protects certain human rights.

Question 2

How is the presumption of innocence upheld? (6)

Answer 2

• Imposing a high standard on the prosecution to prove its case (that is, beyond reasonable doubt).
• Imposing the burden of proof on the prosecution (that is, the prosecution must prove that the accused is guilty. Accused persons do NOT have to prove they are innocent.
• An accused has the right to silence, which means they do not need to answer any questions, and do not need to give evidence in court. A person’s silence is not to be taken as a sign of guilt.
• Police must reasonably believe a person has committed a crime before they can arrest that person/
• Generally, a person’s prior convictions cannot be revealed until sentencing (after they have been found guilty).
• An offender has the right to appeal a wrongful conviction (such as where the judge applied the wrong law).