When is a reverse onus bail situation?

When the accused is in a reverse onus bail situation, (s)he is presumed to remain in custody. In Pitcher v. HMTQ, 2008 NLTD 34, Orsborn, J., as he then was, said that, in order to be granted judicial interim release, the accused must prove one positive and two negative circumstances: 1. that (s)he will attend court as and when required; 2. that continued detention is not necessary for the protection and safety of the public; and 3. that continued detention is not necessary to maintain confidence in the administration of justice, when all circumstances are considered, including the four offence-related factors itemized in s. 515(10)(c). Putting the accused in the context of the law