Lex Pundit
Criminal Law

The presumption of innocence

Innocent until proven guilty: the accused proves nothing, and doubt is resolved in their favour.

The idea

The presumption of innocence sets the criminal trial's default: the accused starts innocent in law and remains so unless the prosecution proves every element of the offence beyond a reasonable doubt. The accused may test the Crown's case and call no evidence at all; silence is not guilt.

The presumption reaches beyond the verdict — it shapes bail (detention before trial is the exception), reverse-onus provisions (suspect, because they convict on doubt), and the rule that an acquittal is not a finding of innocence but a finding that guilt was not proved. The system prefers acquitting the guilty to convicting the innocent, and says so openly.

An example

The Crown's case leaves a real possibility that someone else committed the offence. The jury may think the accused probably did it — and must still acquit, because 'probably' is not proof beyond a reasonable doubt.

In Canada

Section 11(d) of the Charter guarantees the presumption expressly, and the leading case on justifying limits on rights — R v Oakes — was itself about a reverse-onus provision that presumed guilt.