The resultant changes on the law of diminished responsibility emerged in the Coroners and Justice Act 2009 Section 52(1) to (1B) [Table 2].
After considering the suggestions in the Law Commission Report, the UK government decided that a stronger requirement on the aspect of causal relationship is necessary, such that the Coroners and Justice Act 2009 Subsection 1B clearly states that the abnormality of mental functioning has to provide an explanation, or at least being a significant factor for defendant's conduct.
Asmelash's barrister, Neil Davey QC, argued that Asmelash should not have been disaqualified from running the defence - which was introduced by the Coroners and Justice Act 2009
to replace the old defence of provocation - just because he was drunk.
This is followed by a concise chronology of recent events, including passage of the Coroners and Justice Act 2009. This Act amended the compliance requirement on courts and created a new statutory guidelines authority that commenced its work in April 2010.
The reforms introduced by the Coroners and Justice Act 2009 may be traced to two developments.
The Coroners and Justice Act 2009
, which came in to effect in 2010, replaced the murder defence of provocation with a new partial defence of "loss of control", but exempted sexual infidelity as a reason for such a loss.
A more modest assault on the supine and uncritical acquirer of excavated antiquities in England and Wales has recently been mounted by the Coroners and Justice Act 2009
. (6) The form of omission punished by this statute is much narrower and simpler than any general inability to show the provenance of a cultural object, but it may suggest an interesting model for development in adjacent fields.
And the Minister replied that the Coroners and Justice Act 2009
requires a senior coroner, area coroner or assistant coroner "to vacate office on reaching 70".
(5) As regards England and Wales, see Chapter 4 of Part 1 of the Coroners and Justice Act 2009
(which confers jurisdiction on the Coroner for Treasure in relation to an object that is or may be treasure, or treasure trove found before the commencement of section 4).