ABSTRACT
Chapter Six explains and discusses the presumption of innocence’s second aspect: the non-procedural aspect. The chapter starts by discussing the fact that the presumption of innocence is more than a legal presumption and that it has application beyond trial. The subsequent sections provide examples of what type of behaviour the second aspect of the presumption of innocence prohibits and why it is important to proscribe this type of behaviour. The examples focus on statements of guilt by public authorities, actions by the media, and that accused people should not be treated in the same manner as people who have been found to be legally guilty. The chapter concludes that all of these behaviours which interfere with the presumption of innocence are concerned with either affecting the opinion of the fact-finder or undermining the legitimacy of the courts or criminal justice system. As a result, the second aspect of the presumption of innocence is largely concerned with things that happen outside the courtroom that may affect a fair trial for the accused.
