Where is innocent until proven guilty

Furthermore, many courts are simply set up in a way that makes all suspects look as though they are dangerous. The use of secure docks is common, despite research that shows the impact the use of docks has on whether a person is convicted. Robust legal regimes should be put in place regarding how suspects are presented in public.

Violations need to be effectively enforced with redress provided to victims. The use of any form of restraint in court should be strictly limited and should only be made where a case-specific decision has been made by the court that this is required.

The dock whether cages or glass boxes should be removed from all courtrooms. The creation of court infrastructure where possible to make sure that defendants are not exposed to public attention when they arrive and leave in restraints, and that this should be a requirement whenever a court building is constructed or renovated.

Training of law enforcement officials in order to change the culture in relation to the use of restraining measures. Special regulation for vulnerable groups of suspects children, elderly people, pregnant women to make it the default that they are not restrained only if absolutely necessary and inevitable. Other circumstances reducing the likelihood of the need for the application of means of restraint the minor nature of the offence, voluntary surrender should also be identified and it should be prescribed that if these prevail, restraints should be applied only exceptionally if other circumstances make it absolutely necessary and inevitable.

Relevant information on circumstances that may substantiate or weaken the necessity of using means of restraint shall be provided to judges well in advance of hearings so that they could make a sufficiently informed and well-grounded decision on whether means of restraint are necessary to be applied in the courtroom. The information may be provided through a database for assessing risks, which is accessible to both the escorting authorities and the courts, and can be reviewed and challenged by the concerned detainee.

Read the full report 'Innocent until proven guilty? The presentation of suspects in criminal proceedings' here. Read a summary of the conclusions and recommendations here. The content of this publication represents the views of the authors only and is their sole responsibility.

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June 3, - Presumption of innocence. Executive summary Conclusions and recommendations. Prejudicial statements Although it is a clear violation of the presumption of innocence for a public authority to make public statements implying the guilt of a suspect, such statements are a common occurrence in many countries across the globe including in Europe. Conclusions and recommendations The presumption of innocence is protected as a matter of law in a wealth of human rights instruments and in national legal systems.

Recommendations: a. Prejudicial statements It is a clear violation of the presumption of innocence for a public authority to make public statements implying the guilt of a suspect. Journalists should not be required to reveal their sources but efforts should still be taken to address the issue of leaks to the press and to sanction violations , for example: Information such as the time of a high-profile arrest and evidence should be shared with a restricted group of appropriately-trained people to minimise the risk of leaks.

Access to and sharing of restricted information should be monitored where possible i. Presentation in court and in public Research has shown that if people see an image of someone being arrested they are likely to think the person is guilty; and that the more severe the restraint used, the more likely this is.

Innocent until proven guilty. We all say this without thinking about it. We think we know what it means, and we believe it to be inalienable. If a court has substantial grounds to believe that you might fail to surrender, interfere with witnesses or commit an offence on bail, it can send you to prison to await trial. Not something you might think should be done to someone who is truly innocent until proven guilty, but arguably not unreasonable in many cases.

Charged with a serious enough offence and you may now spend a year in prison waiting for your trial. More and more courtrooms are left empty to cut costs and you wait longer for your trial to take place. Article 6 of the Human Rights Act provides citizens in our country the right to a fair and public trial or hearing in relation to both criminal and civil matters.

You also have the following rights this list is not exhaustive :. Many people who have faced police investigation while under media scrutiny may be forgiven for feeling that they have already been tried before being prosecuted.

There is also that right to a lawyer. Without the reading of the rights, statements may be inadmissible. Arizona decision. The court found that Ernesto Arturo Miranda Fifth and Sixth Amendment rights were ignored after his arrest, violating his right to a fair trial. Constitution to become just as important as other rights.

A lot of the notions behind the Bill of Rights led to vital applications of those constitutional amendments within law and order. The promise of a fair trial where no suspect should act as a witness, nor be refused legal guidance, always made more sense with a presumption of innocence over the presumption of guilt.

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