Clause 45 — Meaning of "qualifying trigger"

Part of Bill Presented – in the House of Commons at 7:45 pm on 9 November 2009.

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Photo of Claire Ward Claire Ward Parliamentary Under-Secretary, Ministry of Justice 7:45, 9 November 2009

The partial defence for loss of control exists on the basis that there will be certain sets of triggers-things that take place that cause the loss of control. Sexual infidelity is being disregarded as an acceptable trigger that can play into the loss of self-control. We believe that it is acceptable to do that precisely because we do not think that sexual infidelity, in itself, should be considered an acceptable reason for somebody to have killed their partner, husband, wife or whomever the circumstances might involve. The background information might well form part of the case, but sexual infidelity will not be the trigger for allowing the defence of that partial loss of control.