Faustin Muyembe

The Presumption of Innocence: a Comparison of English and French Legal Approaches Faustin Muyembe

Recent media coverage of the DSK attempted rape case highlights two conflicting schools of thought in the presumption of innocence. This book investigates the English presumption of innocence, beginning with a critical overview of ideas behind the presumption of innocence and different interpretations of this presumption, including its evolution. The English protection of the right to be presumed innocent is compared and contrasted with the French presumption remedy, including Strasbourg decisions. It also examines the extent to which the current English law provides sufficient protection, and critically analyses the pre and post Human Rights Act 1998 (HRA) case law to find out whether the right to be presumed innocent has developed in light of national and international legislation. This book concludes that an all inclusive right to be presumed innocent is needed, considering the de facto overwhelming imbalance of resources between the state and suspect. The analysis in this book should help shed light on the doctrine of presumption of innocence and should be useful to law students, practising lawyers, journalists and anyone with an interest in this area.