History of the Section


Section 25(1) is modelled on article 14(2) of the ICCPR.


Similar rights exist in comparative law. Refer to table below for further information.

Comparative rights table

Charter

Section 25(1) - Presumption of innocence


Section 25(1): A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.

ICCPR

Article 14(2):
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

ACT: Human Rights Act 2004

Section 22(1).

S Africa: Constitution of the republic of South Africa 1996 Chapter 2

Sections 35(3)(h).

UK: Human Rights Act 1998
Schedule 1, art. 6(2).
Canada: Canadian Charter of Rights and freedoms

Section 11(d).

New Zealand: New Zealand Bill of Rights Act 1990

Section 25(c).