Clause 45 — Meaning of "qualifying trigger"

Part of Bill Presented – in the House of Commons at 7:15 pm on 9 November 2009.

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Photo of Claire Ward Claire Ward Parliamentary Under-Secretary, Ministry of Justice 7:15, 9 November 2009

Perhaps I can enlighten the hon. and learned Gentleman. Section 3.144 of the Law Commission's report, on page 65, states:

"Under our approach provocation should not be left to the jury in such a case because we do not see how any reasonable jury, properly directed, could conclude there had been gross provocation or that a person of ordinary tolerance and self-restraint might have acted in the same way as the defendant."

Perhaps the hon. and learned Gentleman would like to look at the report in a little more detail.