Provocation, a defence which judges have repeatedly said requires significant reform, is used in a quarter of all murder trials. The move comes following recent high-profile murder cases where provocation was used and after repeated criticism of the defence by the judiciary. Discussion of the defence of provocation on RTÉ’s Prime Time programme on Tuesday night lead to the collapse of an ongoing murder trial where it was being used as a defence. For critics of the provocation defence, one of the main problems is that in Ireland, unlike the UK, the provocation test is applied subjectively. The defence of provocation is based in common law, meaning it is not defined in the statute book.

Source: The Irish Times December 08, 2018 00:56 UTC