whats the law

[dove]

sorry i am new here and dont know where to post this question!!

If someone is found guilty of a crime and sent to prison, then on appeal they are let off on a technicality are they still guilty?

Along with the prison sentance they recieved 8 years on the sex offenders register, will they still be on there?

[Grunty]

If they are convicted by a court, they are guilty.  If they appeal successfully, whether on a technicality or on other grounds, they are not guilty.  They are considered to be as innocent as if the case had never been brought.

[dove]

thankyou, not what I wanted to hear, but thats life!

[MargeB]

You are innocent until the court proves you guilty (beyond all reasonable doubt). If it emerges that the conviction of guilt beyond all reasonable doubt is not possible, you are totally innocent.

[Tim Baxter]

Or, on the balance of probabilities.....

[Andy008]

In English law guilt is a technical relationship between charge and evidence.

It has absolutely nothing to do with whether or not somebody has committed a crime.

[weebob]

I think your the best at everything!!! xxx

[Carol Anne]

In Scotland we have a curious 'third' verdict of not proven. This means the accused leaves the court a free person, but what in effect the court has said is, we know you did it, we just can't prove it. It is called the B*****D verdict.

[dove]

thanx carol anne I reckon u know . wish I was in scotland for the third trial for the b******* verdict. 

wish u were here x

[Grunty]

Tim - the balance of probabilities is the level of proof needed for a civil (i.e. non-criminal case).  This kind of case does not involve a finding of guilt.  A criminal case needs to be proved beyond reasonable doubt, as MargeB says.

[Tim Baxter]

Fair enough!

[dove]

it was proven beyond reasonable doubt!