Innocent Until Proven Guilty: Is This True?

The concept of being innocent until proven guilty is something we hear a lot in popular culture and is present in the justice systems of many countries around the world. Also known as the presumption of innocence, this principle forms part of the Human Rights Act 1998 and Article 11 of the United Nations Declaration of Human Rights, the concept dates back to ancient Roman law and is essential to protect the rights of the accused and ensure that justice is served. But what is the concept of innocent until proven guilty?

Is Innocent Until Proven Guilty True?

According to Article 6 of the Human Rights Act, “everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” We can all believe it to be a fundamental facet of law, but there are many instances in which being innocent before proven guilty is not true.

For example, if a court has grounds to believe that you may conduct offences such as absconding when on bail or you may fail to surrender, you can go to prison to await trial. Often, courts will rely on what is known as the “nature and seriousness of the offence” to justify the concept of not being innocent before proven guilty. If somebody commits a serious enough offence, they may spend time in prison while awaiting their trial.

The Right to Fair Trial

Article 6 of the Human Rights Act provides UK citizens with the right to a fair public trial in both civil and criminal matters. In addition to the right to be innocent before proven guilty, an individual can also have the following rights:

To examine and have examined witnesses against you and obtain the attendance and examination of witnesses on your behalf.
To defend yourself, either in person or with your choice of legal assistance.
To have sufficient resources and time to prepare a robust defence.
To be informed of the nature and cause of the accusation.
To a trial that is considered fair and public.

The Concept of Innocence Until Proven Guilty Versus Trial by Media

Many people who have been through the process of police investigations can often feel like they have already been tried before the legal processes. This has become increasingly prevalent in modern times where trial by media refers to a situation where someone is tried and convicted in “the court of public opinion” before having the opportunity to defend themselves in a legal environment. This is something commonly exacerbated by the use of social media and media coverage with the sole purpose of sensationalism. As a result, countless lives have been ruined due to being shamed by the press or social media opinion, despite achieving exoneration later on.

The concept of being innocent until proven guilty is a cornerstone of the legal system and the rights we have in a legal manner need defending for the purpose of a fair and just legal process and for society, which is why the best legal help is always going to provide individuals with a fairer understanding of the law.

Have you found yourself feeling as though you're likely to be found guilty without cause?

Here at JD Solicitors, we are a specialist criminal defence law firm that helps people in Police custody achieve the best possible outcomes for their cases.

If you have been arrested, have an upcoming trial or are in custody, when asked about legal counsel, contact our specialist criminal defence law team!