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(1)“Provocation” means and includes, except as stated in subsections (3), (4) and (5), any wrongful act or insult of such a nature as to be likely—
(a)when done or offered to an ordinary person; or
(b)when done or offered in the presence of an ordinary person to another person—
(i)who is under his or her immediate care; or
(ii)to whom he or she stands in a conjugal, parental, filial or fraternal relation, or in the relation of master and servant,
to deprive him or her of the power of self-control and to induce him or her to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered.
(2)When such an act or insult is done or offered by one person—
(a)to another; or
(b)in the presence of another to a person—
(i)who is under the immediate care of that other; or
(ii)to whom that other stands in any such relation as aforesaid,
the former is said to give to that other provocation for an assault.
(3)A lawful act is not provocation to any person for an assault.
(4)An act which a person does in consequence of incitement given by another person in order to induce him or her to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault.
(5)An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.
A person who commits an assault may claim provocation as a defence only if the provocation was a wrongful act or insult that would make an ordinary pe...
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