Infanticide Act
Encyclopedia
The Infanticide Act is the name of two Acts introduced into English Law
that started treating killing of an infant child by its mother during the early months of life as a lesser crime than murder. The Infanticide Act (Northern Ireland) 1939 makes similar arrangements for Northern Ireland.
. The sentence that applies (as in other partial defenses to murder) is the same as that for manslaughter
. This Act was repealed by the 1938 Act.
The Infanticide Act 1938: extended this defense to cases where "at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child."
Before the partial murder defense of diminished responsibility
was introduced to English law
in the Homicide Act 1957
, this provided an important means of selecting a more lenient sentence for a mother found guilty of killing her infant than the mandatory life sentence or death sentence
applying to murder at the time.
In recent years, it has become very rare for a mother who kills her infant child to receive a custodial sentence, except in very exceptional circumstances.)
The Law Commission
published their report setting out their recommendations in respect to the medico-legal debate surrounding the offense/defense of infanticide on the 28 November 2006. The Commission recognized the difficulties facing the court when the defendant was in denial and would not accept that she had killed her child and unwilling to submit to a psychiatric examination where she perceived that the purpose of the examination was to prove that she did kill her child when she is in denial of committing the act in the first place. In such cases the mother is unlikely to have any other defense and will probably be convicted of murder.
Section 1 of the Infanticide Act 1938 provides:
This Act does not extend to Scotland or Northern Ireland.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
that started treating killing of an infant child by its mother during the early months of life as a lesser crime than murder. The Infanticide Act (Northern Ireland) 1939 makes similar arrangements for Northern Ireland.
England and Wales
The Infanticide Act 1922: effectively abolished the death penalty for a woman who deliberately killed her new born child while the balance of her mind was disturbed as a result of giving birth, by providing a partial defense to murderMurder 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...
. The sentence that applies (as in other partial defenses to murder) is the same as that for manslaughter
Manslaughter in English law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea . In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option...
. This Act was repealed by the 1938 Act.
The Infanticide Act 1938: extended this defense to cases where "at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child."
Before the partial murder defense of diminished responsibility
Diminished responsibility in English law
In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful . This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 Mental Health Act 1983 to ensure treatment rather than...
was introduced to English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
in the Homicide Act 1957
Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
, this provided an important means of selecting a more lenient sentence for a mother found guilty of killing her infant than the mandatory life sentence or death sentence
Capital punishment in the United Kingdom
Capital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
applying to murder at the time.
In recent years, it has become very rare for a mother who kills her infant child to receive a custodial sentence, except in very exceptional circumstances.)
The Law Commission
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
published their report setting out their recommendations in respect to the medico-legal debate surrounding the offense/defense of infanticide on the 28 November 2006. The Commission recognized the difficulties facing the court when the defendant was in denial and would not accept that she had killed her child and unwilling to submit to a psychiatric examination where she perceived that the purpose of the examination was to prove that she did kill her child when she is in denial of committing the act in the first place. In such cases the mother is unlikely to have any other defense and will probably be convicted of murder.
Section 1 of the Infanticide Act 1938 provides:
- Where a woman by any willful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, if the circumstances were such that but for this Act the offense would have amounted to murder or manslaughter, she shall be guilty of felony, to wit of infanticide, and may for such offense be dealt with and punished as if she had been guilty of the offense of manslaughter of the child.
- Whereupon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of opinion that she by any willful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then the jury may, if the circumstances were such that but for the provisions of this Act they might have returned a verdict of murder or manslaughter, return in lieu thereof a verdict of infanticide.
- Nothing in this Act shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter, or a verdict of guilty but insane.
This Act does not extend to Scotland or Northern Ireland.