Coroners and Justice Act 2009

Prospective

55Meaning of “qualifying trigger”E+W+N.I.
This sectionnoteType=Explanatory Notes has no associated

(1)This section applies for the purposes of section 54.

(2)A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.

(3)This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.

(4)This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—

(a)constituted circumstances of an extremely grave character, and

(b)caused D to have a justifiable sense of being seriously wronged.

(5)This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).

(6)In determining whether a loss of self-control had a qualifying trigger—

(a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;

(b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;

(c)the fact that a thing done or said constituted sexual infidelity is to be disregarded.

(7)In this section references to “D” and “V” are to be construed in accordance with section 54.