| Short Title: | Infanticide Act 1938[1] |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to repeal and re-enact with modifications the provisions of the Infanticide Act, 1922. |
| Year: | 1938 |
| Statute Book Chapter: | 1 & 2 Geo. 6. c. 36 |
| Territorial Extent: | England and Wales[2] |
| Royal Assent: | 23 June 1938 |
| Commencement: | 23 June 1938[3] |
| Related Legislation: | Infanticide Act 1922 |
| Status: | current |
| Original Text: | http://www.legislation.gov.uk/ukpga/Geo6/1-2/36/contents/enacted |
| Revised Text: | http://www.legislation.gov.uk/ukpga/Geo6/1-2/36/contents |
The Infanticide Act 1938 (1 & 2 Geo. 6. c. 36) is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales.
Sections 1(1) to (3) now read:
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The words at the end of section 1(3) were repealed by Part III of Schedule 3 to the Criminal Law Act 1967. Section 1(4) was also repealed by that Part.
In R v Gore,[4] the Court of Appeal held that this expression meant "even if".
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.[5]
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.[6]
Infanticide is triable only on indictment.[7]
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.[8]
Section 2(2) provides that the Act does not extend to Scotland or Northern Ireland.
Section 2(3) repealed the Infanticide Act 1922. It was in turn repealed by the Statute Law Revision Act 1950 because it was spent by virtue of the Interpretation Act 1889.