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Important changes to homicide law

Andy Howells

24th September 2010

From the 4th October 2010, acts or omissions are now subject to s52 of the Coroners and Justice Act 2009.

The Law Gazette explains this in more detail, but a key change appears to be the reference to “abnormality of mental functioning” as an update to the law on diminished responsibility - potentially opening the door to a whole new category of cases.

Of even more significance is the removal of provocation as a partial defence by ss54-56 of the same Act, to be replaced with “loss of control”. Importantly, the loss of control need no longer be sudden, opening the door to this defence for “slow burn” victims of prolonged domestic abuse, for example.

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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