CRIMINAL LAW REVIEW: Control; Defenses; Murder and Provocation

This report examines the legislation surrounding the "partial defense of provocation" in the UK, specifically focusing on the Coroners and Justice Act of 2009. It analyzes whether the new "loss of control" defense is beneficial and evaluates criticisms of the legislation. The report delves into the historical context of provocation, the key arguments surrounding the new defense, and the potential for gender bias in its application. It also explores the impact of the legislation on cases involving battered women and the challenges of defining "suddenness" in the context of "slow burn" reactions. The report concludes by discussing the potential for the new defense to be misused and the need for careful consideration of its application in specific cases.