Presumption of Innocence
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The presumption of innocence means every accused person is treated as innocent until proven guilty. The prosecution must prove each element of an offence beyond reasonable doubt. This principle protects fairness, limits government power, prevents wrongful conviction, and remains a vital common‑law safeguard despite not being a codified legal right.
Key Concepts
The presumption of innocence means an accused person is innocent until proven guilty, and the prosecution must prove guilt.
The prosecution bears the burden of proof and must prove every element of the criminal offence beyond reasonable doubt.
It is a fundamental human right supporting other protections such as the right to a fair trial, legal representation, and protection against self‑incrimination.
In Australia, it is not a codified legal right but exists through common law and the principle of legality, meaning Parliament can override it.
It recognises human nature, people can lie or misrepresent facts, so the law must avoid assuming guilt and ensure fairness.
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