When Is Reverse Onus Used?

A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim.

What situations require reverse onus be used in court?

A reverse onus is a legal provision that requires an accused person to prove or disprove something, such as an element of an offence or a defence.

What are reverse onus provisions?

When the burden of proof is on the defendant to establish a particular issue, it is often referred to as a 'reverse burden', because it reverses the normal situation in which the prosecution must prove the facts beyond reasonable doubt.