Under what circumstances does a reverse onus occur?

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A reverse onus occurs primarily in the context of serious offenses where the burden of proof shifts from the prosecution to the defense. This means that instead of the prosecution needing to prove the defendant's guilt beyond a reasonable doubt, the defendant must provide evidence to prove why they should not be denied bail or why they should not be found guilty, depending on the specific legal scenario.

In the legal framework, this principle is often applied in situations involving serious charges, such as violent crimes or offenses involving significant harm, where the court evaluates the risk posed by the defendant if released. The rationale behind this shift is to ensure public safety and to address the gravity of the alleged offenses, as these cases often present a higher risk to the community. Other options are not applicable because minor offenses typically do not invoke a reverse onus, a legal representative is not a determining factor in this context, and the presence of a victim does not influence the burden of proof requirements.

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