What triggers a reverse onus in bail situations?

In bail situations, a reverse onus occurs when the burden of proof shifts from the prosecution to the accused, requiring the accused to demonstrate why they should be released on bail instead of the prosecution needing to prove why bail should be denied. The correct answer highlights that this typically applies to serious offenses like murder or in cases where the accused has a prior conviction for Intimate Partner Violence (IPV).

This approach reflects the legal system's acknowledgment of the potential risk to public safety posed by individuals charged with serious crimes or those who have demonstrated a pattern of violent behavior. Therefore, the law establishes a higher threshold for these individuals, recognizing the community's interest in protecting public safety against serious offenses.

In contrast, charges of theft, offenses without a surety, or cases involving no previous convictions do not automatically trigger a reverse onus. These situations tend to allow for the standard presumption in favor of bail, where the accused does not carry the burden of proving why they should be granted bail, making the process less stringent than that applied in cases involving more severe offenses or a concerning criminal history.