U1 AOS2 - Presumption of Innocence

Question 1

Presumption of innocence

Answer 1

• refers to the right for all accused persons to be considered and treated as innocent until the prosecution has proven the charge beyond reasonable doubt

Question 2

Burden of proof

Answer 2

• Refers to:
  
  • which party has the responsibility to prove their case in court
• In criminal law:
  
  • rests on the prosecution

Question 3

Standard of proof

Answer 3

• Refers to:
  
  • to what extent the case must be proved to
• In criminal law:
  
  • must be proved beyond reasonable doubt

Question 4

How is the presumption of innocence upheld?

Answer 4

• Police investigations:
  
  • police must have reasonable grounds (adequate evidence + reason for suspicion) to arrest someone
  • individuals have the right to silence (apart from name and address) when being questioned
  • can only collect forensic evidence (fingerprints/blood samples) when they suspect a serious offence has been committed
• Criminal trials:
  
  • right to apply for bail/await trial in the community (under certain conditions)
  • burden/standard of proof on prosecution
  • the accused has the right to seek legal representation (Vic. Legal Aid)/court can be adjourned until representation is found
  • any prior convictions can only be revealed until sentencing

Question 5

How is the presumption of innocence limited?

Answer 5

• Serious/violent offences:
  
  • sometimes, these crimes result in limits to the POI
  • for example, when an act of terrorism has been committed, certain parliamentary acts make it harder for individuals already charged with/convicted of terrorism offences to be granted bail after being charged with another terrorism offence
  • this results in them being held in custody until their trial (remand)