The Infanticide Act 1938 (1 & 2 Geo. 6. c. 36) is an act of the Parliament of the United Kingdom that created the offence of infanticide for England and Wales.
Section 1 - Offence of infanticide Sections 1(1) to (3) now read:
Amendments The word "if" was substituted for the words "notwithstanding that" in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of the Coroners and Justice Act 2009. The words "or manslaughter" were inserted in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of that Act.
The words at the end of section 1(3), and section 1(4), of the act were repealed by section 10(2) of, and part III of schedule 3 to, the Criminal Law Act 1967, which came into force on 1 January 1968.
"Notwithstanding that" In R v Gore,R v Gore EWCA Crim 2789 the Court of Appeal held that this expression meant "even if".
Restriction on institution of proceedings Proceedings against a woman for infanticide, if the injury alleged to have caused the death was sustained more than three years before the death occurred, or the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death, may only be instituted by or with the consent of the Attorney General.Law Reform (Year and a Day Rule) Act 1996, sections 2(1) and 2(2) and 2(3)(a)
Alternative verdict Where on the trial of any person for infanticide the jury are of the opinion that the person charged is not guilty of infanticide, but that she is shown by the evidence to be guilty of child destruction, the jury may find her guilty of that offence.The Infant Life (Preservation) Act 1929, section 2(2)
Mode of trial Infanticide is triable only on indictment.Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 19-139 at page 1598.
Sentence The effect of the words "punished as if she had been guilty of the offence of manslaughter" is that a person convicted of infanticide is liable to imprisonment for life.Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 19-141 at page 1598.
Section 2 - Short title, extent and repeal Section 2(2) provides that the act does not extend to Scotland or Northern Ireland.
Section 2(3) repealed the Infanticide Act 1922 (12 & 13 Geo. 5. c. 18). It was in turn repealed by the Statute Law Revision Act 1950 because it was spent by virtue of the Interpretation Act 1889 (52 & 53 Vict. c. 63).
See also Infanticide Act
Notes
References Halsbury's Statutes,
External links The Infanticide Act 1938, as amended from the National Archives. The Infanticide Act 1938, as originally enacted from the National Archives.