Presumption of innocence

Antigua and Barbuda

Antigua and Barbuda - Criminal Procedure Act 1873 EN

2. Interpretation.

In the interpretation of this Act, and of any other Act relating to criminal law, unless there be something in the enactment, or in the context, indicating a different meaning, or calling for a different construction -

(c) Whenever a person doing a certain act is declared to be guilty of any offence and to be liable to punishment therefor, it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act, and whenever, it is provided that the offender shall be liable to different degrees or kinds of punishment, it shall be understood that the punishment to be inflicted will be subject to the limitations contained in the enactment, in the discretion of the Court, or tribunal, before which such conviction takes place.

Antigua Barbuda - Constitution 1981 (2011) EN

CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
PROVISION TO SECURE PROTECTION OF THE LAW
15.-
2. Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.