Civilising loss of control? The role of criminal justice gatekeepers

Carline, Anna ORCID: 0000-0001-9350-3501, Gibson, Matthew, Singh, Sarah ORCID: 0000-0003-4968-2201 and Soubise, Laurene (2024) Civilising loss of control? The role of criminal justice gatekeepers LEGAL STUDIES, 44 (4). pp. 612-630. ISSN 0261-3875, 1748-121X

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Abstract

Since its inception in England and Wales, the partial defence to murder of loss of control has generated a steady stream of appeals. Individually, those appeals have illuminated key aspects of the plea’s operation. This paper, though, is the first to explore that operation via a systematic analysis of every loss of control appeal to date (110 cases). Using that data, the paper frames more effectively, and thus improves understanding of, a neglected phenomenon in the plea: specifically, the decision-making roles of criminal justice ‘gatekeepers’ – principally trial judges, juries and prosecutors – in governing access to loss of control. In doing so, the paper assesses how far these gatekeepers interpret the plea’s requirements in a ‘civilising’ way – one which prioritises meritorious loss of control claims above those which are unmeritorious. It contends that each gatekeeper struggles to regulate loss of control in such a way. Ultimately, this diminishes the symbolic value these reforms may have had and frustrates any civilising potential of homicide law reform.

Item Type:	Article
Uncontrolled Keywords:	criminal law, loss of control, sufficient evidence, trial judges, juries, prosecutors
Depositing User:	Symplectic Admin
Date Deposited:	02 Jul 2024 10:24
Last Modified:	16 Jun 2026 19:53
DOI:	10.1017/lst.2024.21
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3182583
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