The loss of control defence is a partial defence to the crime of murder in the jurisdiction of England and Wales. It was created by section 54 of the Coroners and Justice Act 2009.[1] The definition of "loss of control" in the Act is defined in a way that requires multiple requirements to be met, and with a number of listed exceptions that can render the defence inapplicable.

The loss of control defence does not exonerate the person who loses control; instead it downgrades the charge for that person from murder to manslaughter, and does not change the nature of the offence for other perpetrators who may have been involved.[1]

The partial defence of loss of control was introduced to replace the partial defence of provocation, which was abolished by the same legislation.[2][3]

References

  1. 1 2 The Coroners and Justice Act 2009, Section 54
  2. ↑ The Coroners and Justice Act 2009, Section 56
  3. ↑ Fitz-Gibbon, Kate (2013). "Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control". Journal of Law and Society. 40 (2): 280–305. doi:10.1111/j.1467-6478.2013.00623.x.

See also


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