The Infanticide and Infant Life (Preservation) Act 1938

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AT 3 of 1938

THE INFANTICIDE AND INFANT LIFE

(PRESERVATION) ACT 1938

The Infanticide and Infant Life (Preservation) Act 1938 Index


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c i e
THE INFANTICIDE AND INFANT LIFE

(PRESERVATION) ACT 1938

Index Section Page

1 Short title .......................................................................................................................... 5
2 Conviction for infanticide in certain cases .................................................................. 5
3 Punishment for child destruction ................................................................................. 6
4 Prosecution of offences .................................................................................................. 6
5 Commencement of Act .................................................................................................. 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

The Infanticide and Infant Life (Preservation) Act 1938 Section 1


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THE INFANTICIDE AND INFANT LIFE

(PRESERVATION) ACT 1938

Received Royal Assent: 1 April 1938
Passed: 3 May 1938
Commenced: 3 May 1938
AN ACT
to amend the law with regard to the destruction of children at or
before birth.
GENERAL NOTE:
References to penal servitude are to be construed in accordance
with the Custody Act 1995 Sch 3 para 1.
1 Short title

This Act may be cited as ‘The Infanticide and Infant Life (Preservation) Act,
1938’.
2 Conviction for infanticide in certain cases

(1) Where a woman by any wilful act or omission causes the death of her
newly born child, but at the time of the act or omission she had not fully
recovered from the effect of giving birth to such child, and by reason
thereof the balance of her mind was then disturbed, she shall,
notwithstanding that the circumstances were such that but for this Act
the offence would have amounted to murder, be guilty of felony, to wit
infanticide, and may for such offence be dealt with and punished as if
she had been guilty of the offence of manslaughter of such child.
(2) Where upon the trial of a woman for the murder of her newly born child,
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 she had not fully
recovered from the effect of giving birth to such child, and that by reason
thereof the balance of her mind was then disturbed, the jury may,
notwithstanding that the circumstances were such that but for the
provisions of this Act they might have returned a verdict of murder,
return in lieu thereof a verdict of infanticide.
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(3) Nothing in this Act shall affect the power of the jury upon an
information for the murder of a newly born child to return a verdict of
manslaughter, or a verdict of guilty but insane, or a verdict of
concealment of birth, in pursuance of section 73 of the Criminal Code,
1872.
(4) The said section 73 shall apply in the case of the acquittal of a woman
upon information for infanticide as it applies upon the acquittal of a
woman for murder, and upon the trial of any person over the age of
sixteen for infanticide it shall be lawful for the jury, if they are satisfied
that the accused is guilty of an offence under section 1 of the Children and
Young Persons Act 1966 to find the accused guilty of such an offence, and
in that case that section shall apply accordingly.1

3 Punishment for child destruction

(1) Subject as hereinafter in this sub-section provided, any person who, with
intent to destroy the life of a child capable of being born alive, by any
wilful act causes a child to die before it has an existence independent of
its mother, shall be guilty of felony, to wit, of child destruction, and shall
be liable on conviction thereof on information to penal servitude for life:
Provided that no person shall be found guilty of an offence under this
section unless it is proved that the act which caused the death of the
child was not done in good faith for the purpose only of preserving the
life of the mother.
(2) For the purposes of this Act, evidence that a woman had at any material
time been pregnant for a period of twenty-eight weeks or more shall be
prima facie proof that she was at that time pregnant of a child capable of
being born alive.
4 Prosecution of offences

(1) Where upon the trial of any person for the murder or manslaughter of
any child, or for infanticide, or for an offence under section 71 of the
Criminal Code, 1872, the jury are of opinion that the person charged is not
guilty of murder, manslaughter or infanticide, or of an offence under the
said section 71 as the case may be, but that he is shewn by the evidence
to be guilty of the felony of child destruction, the jury may find him
guilty of that felony and thereupon the person convicted shall be liable to
be punished as if he had been convicted upon an information for child
destruction.
(2) Where upon the trial of any person for the felony of child destruction the
jury are of opinion that the person charged is not guilty of that felony,
but that he is shewn by the evidence to be guilty of an offence under the
said section 71 of the Criminal Code, 1872, the jury may find him guilty of
that offence, and thereupon the person convicted shall be liable to be
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punished as if he had been convicted upon an information under that
section.
(3) Section 73 of the Criminal Code, 1872, shall apply in the case of an
acquittal of a person on an information for child destruction as it applies
to the acquittal of a person on an information for murder or infanticide.
5 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Infanticide and Infant Life (Preservation) Act 1938 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (4) amended by Children and Young Persons Act 2001 Sch 12.