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KembaraXtra – Legal Terms – Loss of Control
Loss of control is a partial defence in criminal law that may reduce what would otherwise be murder to manslaughter. The defence is governed by the Coroners and Justice Act 2009 and replaced the older common-law defence of provocation.
To rely on this defence, the defendant must show that the killing resulted from a genuine loss of self-control. Unlike the former law on provocation, the loss of control does not have to occur suddenly, allowing the defence to apply in situations involving prolonged emotional strain or abuse.
The law also considers whether a person of the defendant’s age and sex, possessing ordinary levels of tolerance and self-restraint, might have reacted in a similar way under the circumstances. However, personal characteristics affecting self-control itself are generally disregarded.
In addition, the loss of control must arise from a recognized “qualifying trigger.” These include fear of serious violence or circumstances of an extremely grave nature that caused the defendant to feel seriously wronged in a way considered objectively justifiable.
Loss of control is a partial defence in criminal law that may reduce what would otherwise be murder to manslaughter. The defence is governed by the Coroners and Justice Act 2009 and replaced the older common-law defence of provocation.
To rely on this defence, the defendant must show that the killing resulted from a genuine loss of self-control. Unlike the former law on provocation, the loss of control does not have to occur suddenly, allowing the defence to apply in situations involving prolonged emotional strain or abuse.
The law also considers whether a person of the defendant’s age and sex, possessing ordinary levels of tolerance and self-restraint, might have reacted in a similar way under the circumstances. However, personal characteristics affecting self-control itself are generally disregarded.
In addition, the loss of control must arise from a recognized “qualifying trigger.” These include fear of serious violence or circumstances of an extremely grave nature that caused the defendant to feel seriously wronged in a way considered objectively justifiable.
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