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TRINGALI LAWYERS
GlossaryCriminal Law

Presumption of innocence

The fundamental principle that every accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt.

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04related terms
May 2026reviewed
In detail

How presumption of innocence works in practice.

The presumption of innocence is a cornerstone of the Victorian criminal justice system and Australian law generally. Every person charged with a criminal offence is presumed innocent until the prosecution proves each element of the charge beyond reasonable doubt. The presumption means the accused is not required to prove anything. It also means that prior charges that did not result in convictions cannot be treated as evidence of bad character without specific legal basis. The presumption applies throughout the proceedings, from charge to verdict.

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