4.2: The presumption of innocence

The burden of proof

The obligation of a party to prove a case. Usually rests with the party who initiates the action (plaintiff in a civil dispute and the prosecution in a civil case)

Standard of proof

The degree or extent to which a case must be proved in court

Accused

A person charged with a criminal offence

Jury

An independent group chosen at random to decide on the evidence in a legal case and reach a decision (verdict)

Bail

The release of an accused person from custody on condition that they will attend a court hearing to answer the charges

Presumption of innocence

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

Beyond reasonable doubt

The standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.