Stretching the golden thread: the impact of Brexit on the presumption of innocence

In 2016 a European Directive 2016/343 came into force, which provides cutting-edge rules on what the human right to the presumption of innocence entails and when it should apply. While the United Kingdom does have the presumption of innocence there are some areas that should be strengthened in order to comply with the European Directive and to provide adequate protections for those accused of crimes. With Brexit looming, however, it appears that the United Kingdom will not be taking measures to comply with the Directive, and that the presumption of innocence measures within England will remain as they currently are. This paper will examine how exiting the European Union will affect the United Kingdom in that it will no longer comply with European Directives and what that means in terms of this particular directive. First, the paper will introduce the idea of European directives and their role in providing consistency in laws across the European Union. The paper will then describe and analyse the 2016 Directive with regard to its requirements for the presumption of innocence and in what ways it provides a cutting edge understanding of this right. The next part of the paper will examine the presumption of innocence as it stands in English law and will specifically comment on what ways it is already in compliance with, and in what areas it falls short of, the European Directive. Finally the paper will conclude that leaving the European Union will mean that the United Kingdom is missing an opportunity to become a world leader with regard to the right to the presumption of innocence.