+1 862 207 3288 The defence of loss of control is a statutory amendment which replaces the defence of provocation, as an implementation of the Coroners and Justice Act 2009 which only being effective in the year 2010. The primary issue to be placed into consideration is that in what ways does the realm of criminal law recognises loss of control as a defence. By very nature, this defence clearly envies a connection between provocation and automatism.
Prior to the 2009 Act, the defence of provocation is a special defence to murder and it is governed under the Homicide Act 1957. The common law however recognises such a defence for over centuries truly as a means of avoiding mandatory capital punishment that was imposed on murder. The defence of provocation is said to be a partial defence, pertinent only to murder. If it is successfully pleaded, the liability of the defendant will be reduced to mansla…(short extract)
