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PROVOCATION INTRODUCTION - Provocation is a common law defence which has been modified by s3 of the Homicide Act 1957 which provides: "Where on a charge of murder there is evidence on which the jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his self-control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury; and in determining that question the jury shall take into account everything both done and said according to the effect which, in their opinion, it would have on a reasonable man." Section 3 does not state the effect of a successful defence - it is by virtue of the common law that the offence is reduced to manslaughter. The procedure is as follows: (1) Once the judge has decided there...

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