Concealing birth
Encyclopedia
Concealing a birth is the act of a parent (or other responsible person) failing to report the birth of a child
. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth
or the death of a newborn. This is a crime
in many countries, with varying punishments.
creates the offence of concealing the birth of a child:
The words "with or without hard labour" omitted in the first place were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948
.
The proviso to this section, as extended by any subsequent enactment, was repealed for England and Wales by section 10 of, and paragraph 13(1)(a) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967
. Originally, the proviso allowed the jury to find an alternative verdict of this offence on a charge of murder
. In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction
or a charge of infanticide
.
Section 47 of the Crimes Act 1900
creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s47.html
New South Wales
Section 85 of the Crimes Act 1900
creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s85.html
Northern Territory
Section 163 of the Criminal Code Act creates the offence of concealment of birth. http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/9cb8a71f87a31ce6692575070015992f?OpenDocument
South Australia
Section 83 of the Criminal Law Consolidation Act 1935 creates the offence of concealment of birth.http://www.legislation.sa.gov.au/LZ/C/A/CRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935/CURRENT/1935.2252.UN.PDF
Western Australia
Section 291 of the Criminal Code (Schedule to the Criminal Code Compilation Act 1913) creates the offence of concealing the birth of children. http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:11259H/$FILE/CrimCd_14-00-01.html?OpenElement
Tasmania
Section 166 of the Criminal Code Act 1924 creates the offence of concealment of birth.http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=69++1924+AT@EN+20070902000000;histon=;prompt=;rec=-1;term=
Section 243 of that Code (concealing the dead body of a child with intent to its conceal birth).
http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:243 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:243 (French)
in the People's Republic of China
.
was the last person to be given the death sentence in the United States
for concealing the birth/death of an infant.
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth
Stillbirth
A stillbirth occurs when a fetus has died in the uterus. The Australian definition specifies that fetal death is termed a stillbirth after 20 weeks gestation or the fetus weighs more than . Once the fetus has died the mother still has contractions and remains undelivered. The term is often used in...
or the death of a newborn. This is a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
in many countries, with varying punishments.
England and Wales and Northern Ireland
In England and Wales, and in Northern Ireland, section 60 of the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
creates the offence of concealing the birth of a child:
The words "with or without hard labour" omitted in the first place were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...
.
The proviso to this section, as extended by any subsequent enactment, was repealed for England and Wales by section 10 of, and paragraph 13(1)(a) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
. Originally, the proviso allowed the jury to find an alternative verdict of this offence on a charge of murder
Murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...
. In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction
Child destruction
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland and Hong Kong. The offence of that name has been abolished and replaced in Victoria....
or a charge of infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
.
Australia
Australian Capital TerritorySection 47 of the Crimes Act 1900
Crimes Act 1900
The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. Along with the Crimes Act 1914 and the Federal Criminal Code Act 1995 , these two pieces of legislation form the majority of criminal law for New South Wales.As it is...
creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s47.html
New South Wales
Section 85 of the Crimes Act 1900
Crimes Act 1900
The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. Along with the Crimes Act 1914 and the Federal Criminal Code Act 1995 , these two pieces of legislation form the majority of criminal law for New South Wales.As it is...
creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s85.html
Northern Territory
Section 163 of the Criminal Code Act creates the offence of concealment of birth. http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/9cb8a71f87a31ce6692575070015992f?OpenDocument
South Australia
Section 83 of the Criminal Law Consolidation Act 1935 creates the offence of concealment of birth.http://www.legislation.sa.gov.au/LZ/C/A/CRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935/CURRENT/1935.2252.UN.PDF
Western Australia
Section 291 of the Criminal Code (Schedule to the Criminal Code Compilation Act 1913) creates the offence of concealing the birth of children. http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:11259H/$FILE/CrimCd_14-00-01.html?OpenElement
Tasmania
Section 166 of the Criminal Code Act 1924 creates the offence of concealment of birth.http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=69++1924+AT@EN+20070902000000;histon=;prompt=;rec=-1;term=
Canada
Section 242 of the Canadian Criminal Code (injury to, or death of, a child due to its mother neglecting to obtain assistance in child birth with intent that it should not live or to conceal its birth).http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:242 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:242 (French)Section 243 of that Code (concealing the dead body of a child with intent to its conceal birth).
http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:243 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:243 (French)
China
A birth is sometimes concealed when there is a violation of the one-child policyOne-child policy
The one-child policy refers to the one-child limitation applying to a minority of families in the population control policy of the People's Republic of China . The Chinese government refers to it under the official translation of family planning policy...
in the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
.
Notable cases
In 1785 Hannah Piggen from MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
was the last person to be given the death sentence in the United States
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
for concealing the birth/death of an infant.
External links
- 17 August 2007. "Tracing Baby Lilly's mother"
- 26 August 2005. "Mother concealed 2 babies' remains" at BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
. - 2 August 2005. "Dead babies find shocks Germany" at BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
.