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Critically evaluate the defence of provocation Provocation is a specific defence, only available for murder, and is defined under s3 of the homicide Act 1957. The definition of provocation is 'where someone is charged with murder and there is evidence from which the Jury can find he was provoked by things said, done or both, so that he lost his self-control and that a reasonable man would have behaved as the defendant did in the circumstances, the defendant may be convicted of manslaughter not murder.' There are 2 tests which are broken down into 3 elements. The subjective test asks 'was there provocation?', and 'Did the defendant lose his/her self control?'. The courts must establish 'what can amount to provocation'. The homicide Act 1957 says that things said, done or both can amount to provocation, R V Doughty, a baby crying can amount to provocation. The case of R V Duffy,...

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