ABSTRACT
Chapter Three discusses who has the right to the presumption of innocence and when that right becomes operable. This is essential to understanding who can benefit from the presumption’s protections. It first argues that as a human right, every human has the right to the presumption of innocence. This is limited, however, because the presumption of innocence only applies during criminal proceedings. The chapter discusses what criminal proceedings are and argues that they should be understood broadly as any proceedings that could result in punishment. It makes the case that laws should be examined to ensure that administrative and civil laws are not classified in that way in order to prevent individuals from exercising all of the rights that would be available to them within criminal procedure. The chapter concludes by discussing when the right to the presumption of innocence becomes operable. It is argued that the right becomes operable when a person is ‘charged.’ Different jurisdictions may have a different definition of what ‘charged’ means but it is at least when a person is provided with formal notice of the criminal charges against them. Once a person is charged with a criminal offence, both aspects of the presumption of innocence become operable.
