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Fault in civil and criminal law

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English legal system and criminal law

Evaluating the loss of control defence

There were many problems with the 1957 provocation defence, but does the current loss of control defence solve them?

This article is relevant to AQA A-level Paper 1 and OCR A-level Component 1 (legal system and criminal law).

Section 2 of the Homicide Act 1957 created a special and partial defence to murder where a killing resulted from provocation that caused a loss of self-control. The loss of control had to be sudden and temporary, and it had to be established that a reasonable person would have done the same as the defendant did.

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Previous

Fault in civil and criminal law

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English legal system and criminal law

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