In many occasions, the media and members of the public often conclude that a person is guilty of a criminal offence as soon as the police make an arrest or lay a Criminal Code charge against an accused person. It is not uncommon for a member of the public to think, “Why would the police charge and arrest an accused person if they are not guilty?”. The answer to this question is that the police services are bureaucratic institutions with their own policies and procedures. It is our position that when a police officer attends an alleged crime scene and conducts significant police investigation hours, the police will often justify the work hours committed by laying a criminal charge. We believe that the police culture would deem it counterproductive to spend all those expensive police salary hours on an investigation that does not lead to the fruition of a criminal charge. Sometimes, the media creates a fear that drives societal pressure on the police to “solve” a heinous crime resulting in a quick criminal charge even though the evidence against the accused is weak. On the other side, sometimes an overworked and tired police officer attends an alleged crime scene for an investigation near the end of their work shift. We believe that instead of conducting a fulsome and lengthy investigation, it is easier and less time consuming for that tired police officer to simply lay a criminal charge and “let the Courts sort it out”.
The fundamental legal principle of “ the presumption of innocence” is one that is more of an academic principle than one that is actually practiced by our members of our society. Unfortunately, many our of clients feel that everyone believes they are guilty because they have been charged. An accused’s employer can suspend or terminate an accused’s employment because they have been criminally charged. This stigma is especially true for those charged with sexual offences.
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At Mirza Kwok, Defence Lawyers, we strongly believe in the presumption of innocence and will fight hard to maintain your innocence.