Presumption of innocence in peril

Abstract

This article discusses statutory incursions on the presumption of innocence, using existing drugs offence provisions in the Commonwealth Criminal Code as an example. It argues such laws are problematic because they allow a person to be convicted despite the existence of reasonable doubt as to their guilt, and that through use of the Chapter III concept of ‘institutional integrity’, such laws may be open to constitutional challenge. By permitting a court to preside over a trial where an accused may be convicted despite the existence of reasonable doubt, the court’s institutional integrity is undermined.