Under Article 34 of RRFSO 2005, who bears the onus of proof?

• A. The court
• B. The enforcement authority
• C. The accused
• D. The fire authority

Answer: (C)

Under Article 34 of RRFSO 2005, a reverse onus applies for certain matters. This means that when someone is charged with an offence, it is for the accused to prove specific things—such as that they complied with their duties or that there were circumstances that negate liability—rather than requiring the prosecution to prove those matters beyond reasonable doubt. The onus is not on the court, the enforcement authority, or the fire authority to establish the defendant’s compliance; it rests with the accused to present evidence to support a defence. This setup recognizes that details of compliance are often best known to the person charged, while the overall standard of proof for guilt still applies to the charged offence.