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Section 55 Meaning of “qualifying trigger”I1I2

(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.

Annotations

Commencement

I1

S. 55 in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(a)

I2

S. 55 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(b)