Term
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Definition
| The old law, provocation, required a sudden loss of control. This has been reversed by the Coroners and Justice Act. |
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Term
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Definition
| Provocation will not be available in cases where the defendant acted out of a desire for revenge. This is consistent with the new law. |
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Term
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Definition
| Provocation could be left to the jury where there was a time lapse between the triggering act and the response. However, the greater the lapse of time, the more likely that loss of control would be available to the defendant. |
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Term
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Definition
| Loss of control will be unavailable to defendants who have put instigated a situation where things said or done would inspire a loss of control. |
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Term
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Definition
| Only age and sex can be taken into account when considering "control characteristics" of the defendant. |
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Term
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Definition
| Where sexual infidelity is the only aggravating factor, loss of control cannot be relied upon. However, if it is one factor among many, it can be considered. |
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