An acquittal signifies that a defendant has been found not guilty of a criminal charge. This verdict, delivered by either a judge or jury, indicates that the prosecution has not been able to prove the defendant’s guilt beyond a reasonable doubt. An acquittal can apply to all charges (a complete acquittal) or only to some, with the remaining charges possibly leading to conviction (a partial acquittal).

Core Legal Principles Surrounding Acquittals

Australian criminal law is guided by several key principles that shape the concept and implications of an acquittal:

Presumption of Innocence

At the heart of the Australian justice system is the presumption that every person is innocent until proven guilty. This foundational principle ensures that defendants are treated fairly and that the burden of proof rests with the prosecution.

Burden of Proof

The prosecution is required to prove the defendant’s guilt to the high standard of beyond a reasonable doubt. This ensures that no one is convicted unless the evidence presented establishes guilt to a very high degree of certainty.

No Requirement to Prove Innocence

Defendants are not obligated to demonstrate their innocence. It is solely the prosecution’s duty to present compelling evidence of guilt.

Directed Acquittal

In some cases, a judge may direct an acquittal before the matter is decided by a jury. This occurs when the prosecution’s evidence is insufficient that no reasonable jury could return a guilty verdict. Such a ruling prevents weak or unsupported cases from proceeding to full trial.

The Double Jeopardy Rule

Under the principle of double jeopardy, a person who has been acquitted cannot generally be tried again for the same offence. This legal safeguard promotes finality in criminal proceedings and protects individuals from repeated prosecutions. However, there are limited exceptions, especially in serious cases, where fresh and compelling evidence later emerges.

Appeals Against Acquittals

While rare, there are circumstances in which an acquittal can be appealed. Such appeals are typically only allowed when there is credible evidence of legal error, judicial misconduct, or a miscarriage of justice. These appeals must meet a high threshold to proceed.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts