Notwithstanding the attitude of counsel for the defence concerning a direction by the judge as to provocation in a murder trial, the judge is under a duty to direct the jury on this defence if this defence appears to be available. Production by the defence of the Judge's recommendations to the Home Secretary on the sentencing tariff criticised.

CA (Crim Div) (Ward LJ, Curtis J, Forbes J)

27/11/1996

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