Provocation Definition

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GLOSSARY

What does Provocation mean?

Abolished on 4 October 2010, provocation was a special defence to a charge of murder with the resulting loss of control converting the original charge into manslaughter.

The defence of provocation was found in s 3 of the Homicide Act 1957. The requirements of the defence of provocation were that there had to have been evidence of provocative conduct, which might consist of things said or done or both; the defendant had to have been provoked to suddenly and temporarily lose their self-control and the provocation had to have been such that a person having the power of self-control to be expected of a reasonable person of the defendant's sex and age would have done as the defendant did.

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Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide pact). Voluntary manslaughter is not an offence a defendant can be indicted for, but is a verdict which can result from an initial indictment for murder. The actual verdict will simply be 'manslaughter' without the label of 'voluntary'. The special defences were amended by the sections 52–57 of the Coroners and Justice Act 2009 (CJA 2009).Manslaughter by reason of diminished responsibilityThe special defence of diminished responsibility was amended by CJA 2009, s 52 which changed the definition of the partial defence of diminished responsibility and applies to defendants charged with murder where the acts or omissions resulting in the death of the victim took place on or after 4 October 2010. For offences committed before this date the old law will still apply. Section 2 of the Homicide...

Causing fear or provocation of violence

The offence of causing fear or provocation of violenceThe offence of causing fear or provocation of violence (threatening behaviour) is an offence created by section 4 of the Public Order Act 1986 (POA 1986). The offence can only be tried summarily in the magistrates' court.There are similar public order offences that may also be relevant when considering threatening behaviour. For example, words or behaviour that are threatening or abusive, or the displaying of writing, signs or other visible representations which are threatening or abusive, within the hearing of someone likely to be caused harassment, alarm or distress constitutes an offence under POA 1986, s 5(1). Furthermore, it is an offence under POA 1986, s 4A for a person to use threatening, abusive or insulting words or behaviour (including disorderly behaviour) with the intent to cause harassment, alarm or distress. See Practice Note: Intentional harassment, alarm or distress.For information on the offence of harassment under the Protection of Harassment Act 1997, see Practice Note: Harassment offences.Elements of the threatening behaviour offenceUnder...

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