ABSTRACT
This chapter considers the continuing impact of the provocation defence in the smaller sister jurisdictions and the possibilities for its future. There is major difficulty in researching the law of British Overseas Territories, since few have comprehensive law reporting, and there may be significant delays in cases becoming available online even when that service is available. The potential problems with precedent should be obvious. Its interpretation of the provocation defence has been applied in all British Overseas Territories and Crown Dependencies which have since dealt with that defence, and has also bound courts in the Commonwealth Caribbean. The only case cited in the appeal concerning provocation was from the English Court of Appeal; a perusal of the cases in the chapter reveals that this is a common event. Most British Overseas Territories and all Crown Dependencies still have the provocation defence, either through incorporation of the common law or through their own codes.
