Infanticide Act: Difference between revisions
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{{Use British English|date=June 2019}} |
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==England and Wales== |
==England and Wales== |
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{{Infobox UK legislation |
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| short_title = Infanticide Act 1922 |
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| type = Act |
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| parliament = United Kingdom |
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| long_title = An Act to provide that a woman who wilfully causes the death of her newly-born child may, under certain conditions, be convicted of infanticide. |
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| year = 1922 |
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| citation = [[12 & 13 Geo. 5]]. c. 18 |
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| introduced_commons = |
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| introduced_lords = |
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| territorial_extent = |
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| royal_assent = 20 July 1922 |
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| repealing_legislation = {{ubli|[[Infanticide Act 1938]]|[[Infanticide Act (Northern Ireland) 1939]]}} |
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| status = repealed |
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| collapsed = yes |
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}} |
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The '''Infanticide Act 1922''' ([[12 & 13 Geo. 5]]. c. 18) effectively abolished the [[death penalty]] for a woman who deliberately killed her newborn child, while the balance of her mind was disturbed as a result of giving birth, by providing a [[partial defence]] to [[murder in English law|murder]]. The sentence that applies (as in other partial defences to murder) is the same as that for [[manslaughter in English law|manslaughter]]. This act was repealed by section 2(3) of the Infanticide Act 1938. |
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The |
The [[Infanticide Act 1938]] extended this defence 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."<ref>[https://api.parliament.uk/historic-hansard/lords/1938/mar/22/infanticide-bill-hl Infanticide Act, 1938, Second Reading], House of Lords Hansard. 22 March 1938</ref> |
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| ⚫ | Before the partial murder defence of [[diminished responsibility in English law|diminished responsibility]] became part of [[English law]] in the [[Homicide Act 1957]], and other than referral for possible insanity, this provided the main means of lenient sentencing for a mother found guilty of deliberate killing of her infant. Such women would otherwise face a [[Life imprisonment#Interpretation in Europe|mandatory life sentence]] or [[Capital punishment in the United Kingdom|death sentence]] for murder. |
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The '''Infanticide Act 1938''': extended this defence 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."<ref>[http://hansard.millbanksystems.com/lords/1938/mar/22/infanticide-bill-hl Infanticide Act, 1938, Second Reading], House of Lords Hansard. 22 March 1938</ref> |
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In the 21st century, it has become common for a severely post-natally depressed mother who kills her infant child to not receive a prison sentence, except in exceptional circumstances.<ref>{{cite journal|last=Marks|first=Maureen|title=Infanticide|journal=Psychiatry|year=2008|volume=8|issue=1|pages=10–12|doi=10.1016/j.mppsy.2008.10.017|url=http://download.journals.elsevierhealth.com/pdfs/journals/1476-1793/PIIS1476179308002176.pdf|accessdate=29 October 2013}}</ref> As of 2019, where a less extreme or no condition is suffered by the mother, then causing or allowing a child under 15 to die (under the [[Domestic Violence, Crime and Victims Act 2004]], s.5) carries an effective sentence recommendation of 1 to 14 years' custody, unless the seven influential steps of sentencing determine otherwise.<ref name=sentencingcouncil>{{Cite web|url=https://www.sentencingcouncil.org.uk/offences/crown-court/item/causing-or-allowing-a-child-to-suffer-serious-physical-harm-causing-or-allowing-a-child-to-die/|title=Causing or allowing a child to suffer serious physical harm/ Causing or allowing a child to die – Sentencing}}</ref> Where an offender's responsibility is substantially reduced by mental disorder, learning disability or lack of maturity, the lowest of three culpabilities applies, namely, "lesser culpability", and the starting point is 2 years in custody, with a possible range of 1 to 4 years' custody.<ref name=sentencingcouncil/> |
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| ⚫ | Before the partial murder defence of [[diminished responsibility in English law|diminished responsibility]] |
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In a report, the terms of which were agreed on 1 November 2006, the Law Commission recognised the difficulties facing the court when a defendant is in denial and unwilling to submit to psychiatric examination, as she perceives the purpose of such examination as an attempt to prove her guilt. In such cases, the mother is unlikely to have any other defence and is therefore more likely to be convicted of murder or causing a child to die.<ref>The [[Law Commission (England and Wales)|Law Commission]]. Murder, Manslaughter and Infanticide. Law Com 304. HC 30. TSO. London. 28 November 2006. Paragraph 1.51 at page 13. See also Consultation Paper No 177. Paragraphs 9.97 et seq.</ref> |
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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.{{Citation needed|date=July 2010}}) |
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==Northern Ireland== |
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The [[Law Commission]] published their report setting out their recommendations in respect to the medico-legal debate surrounding the offence/defence of infanticide on the 28 November 2006. The Commission recognised 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 defence and will probably be convicted of murder.<ref>[http://www.wikicrimeline.co.uk/index.php?title=Infanticide WikiCrimeLine Infanticide]</ref> |
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==Canada== |
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Section 1 of the Infanticide Act 1938 provides: |
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The English Infanticide Acts also formed the basis for similar legislation in Canadian criminal law, which was enacted via an amendment to the [[Criminal Code (Canada)|Criminal Code]] in 1948. It is still in the Criminal Code<ref>[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-124.html#docCont ''Criminal Code'', RSC 1985, c C-46, s 233.]</ref> and has not been updated since its enactment in 1948.<ref>{{cite journal|last=Vallillee|first=Eric|title=Deconstructing Infanticide|journal=University of Western Ontario Journal of Legal Studies|year=2015|volume=5|issue=4|pages=3|url=http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1142&context=uwojls|accessdate=11 April 2015}}</ref> It is an [[indictable offence]], and carries a penalty of imprisonment not exceeding five years.<ref>[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-125.html#docCont ''Criminal Code'', RSC 1985, c C-46, s 237.]</ref> |
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# Where a woman by any wilful 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 offence would have amounted to murder or manslaughter, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. |
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# 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 wilful 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. |
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# 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. |
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This Act does not extend to Scotland or Northern Ireland. |
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==See also== |
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*[[List of short titles]] |
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==References== |
==References== |
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<references/> |
<references/> |
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==External links== |
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*{{UK-SLD|1085464|the Infanticide Act 1938}} NOTE - This Act applies only in England and Wales. |
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[[Category:Infanticide]] |
[[Category:Infanticide]] |
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[[Category: |
[[Category:Child murder in the United Kingdom]] |
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[[Category:English criminal law]] |
[[Category:English criminal law]] |
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[[Category:Acts of the Parliament of the United Kingdom concerning England and Wales]] |
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[[Category: |
[[Category:United Kingdom Acts of Parliament 1922]] |
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[[Category:United Kingdom Acts of Parliament 1938]] |
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[[Category:Childhood in the United Kingdom]] |
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Latest revision as of 11:00, 4 July 2024
The Infanticide Act is the name of two 20th-century acts in English law that started treating the killing of an infant child by its mother during the early months of life as a lesser crime than murder.
England and Wales
[edit]| Infanticide Act 1922 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act to provide that a woman who wilfully causes the death of her newly-born child may, under certain conditions, be convicted of infanticide. |
| Citation | 12 & 13 Geo. 5. c. 18 |
| Dates | |
| Royal assent | 20 July 1922 |
| Other legislation | |
| Repealed by | |
Status: Repealed | |
The Infanticide Act 1922 (12 & 13 Geo. 5. c. 18) effectively abolished the death penalty for a woman who deliberately killed her newborn child, while the balance of her mind was disturbed as a result of giving birth, by providing a partial defence to murder. The sentence that applies (as in other partial defences to murder) is the same as that for manslaughter. This act was repealed by section 2(3) of the Infanticide Act 1938.
The Infanticide Act 1938 extended this defence 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."[1]
Before the partial murder defence of diminished responsibility became part of English law in the Homicide Act 1957, and other than referral for possible insanity, this provided the main means of lenient sentencing for a mother found guilty of deliberate killing of her infant. Such women would otherwise face a mandatory life sentence or death sentence for murder.
In the 21st century, it has become common for a severely post-natally depressed mother who kills her infant child to not receive a prison sentence, except in exceptional circumstances.[2] As of 2019, where a less extreme or no condition is suffered by the mother, then causing or allowing a child under 15 to die (under the Domestic Violence, Crime and Victims Act 2004, s.5) carries an effective sentence recommendation of 1 to 14 years' custody, unless the seven influential steps of sentencing determine otherwise.[3] Where an offender's responsibility is substantially reduced by mental disorder, learning disability or lack of maturity, the lowest of three culpabilities applies, namely, "lesser culpability", and the starting point is 2 years in custody, with a possible range of 1 to 4 years' custody.[3]
In a report, the terms of which were agreed on 1 November 2006, the Law Commission recognised the difficulties facing the court when a defendant is in denial and unwilling to submit to psychiatric examination, as she perceives the purpose of such examination as an attempt to prove her guilt. In such cases, the mother is unlikely to have any other defence and is therefore more likely to be convicted of murder or causing a child to die.[4]
Northern Ireland
[edit]The Infanticide Act (Northern Ireland) 1939 makes similar arrangements for Northern Ireland.
Canada
[edit]The English Infanticide Acts also formed the basis for similar legislation in Canadian criminal law, which was enacted via an amendment to the Criminal Code in 1948. It is still in the Criminal Code[5] and has not been updated since its enactment in 1948.[6] It is an indictable offence, and carries a penalty of imprisonment not exceeding five years.[7]
See also
[edit]References
[edit]- ^ Infanticide Act, 1938, Second Reading, House of Lords Hansard. 22 March 1938
- ^ Marks, Maureen (2008). "Infanticide" (PDF). Psychiatry. 8 (1): 10–12. doi:10.1016/j.mppsy.2008.10.017. Retrieved 29 October 2013.
- ^ a b "Causing or allowing a child to suffer serious physical harm/ Causing or allowing a child to die – Sentencing".
- ^ The Law Commission. Murder, Manslaughter and Infanticide. Law Com 304. HC 30. TSO. London. 28 November 2006. Paragraph 1.51 at page 13. See also Consultation Paper No 177. Paragraphs 9.97 et seq.
- ^ Criminal Code, RSC 1985, c C-46, s 233.
- ^ Vallillee, Eric (2015). "Deconstructing Infanticide". University of Western Ontario Journal of Legal Studies. 5 (4): 3. Retrieved 11 April 2015.
- ^ Criminal Code, RSC 1985, c C-46, s 237.