introduction to loss of contro

• The law on loss of control is set out in section 54 of the coroners and justice act 2009.
• Section 54 ( 1 ) of the Coroners and Justice Act 2009 states that.

  "Where the defendant kills or is a party to the killing of another, they are not to be convicted of murder if":

  1. Their actions and omissions in doing or being a party to the killing resulted from their losing control
  2. The loss of self control had a qualifying trigger, and
  3. a person of the defendant's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant may have reacted in the same or a similar way to the defendant.
• As such, according to section 54 ( 1 ) of the Coroners and Justice Act 2009, the following points must be proved for the defence of loss of control to be successful:

  1. The defendant's actions and/or omissions in doing or being a party to a killing resulted from their losing self control
  2. The loss of self-control had a qualifying trigger
  3. a person of the defendant's same sex and age who had a normal degree of tolerance and self restraint and, in the circumstances of the defendant, may have acted in the same or a similar way to the defendant.