Infanticide

The 1922 and 1938 Infanticide Acts ameliorated the judicial process with regard to women who kill their babies. It allowed both a charge other than murder and a less severe disposal than would be normally warranted by the offence, in cases where there was a mental imbalance attributable to the birth. It is shown that in recent years convictions for infanticide have been falling, and that this is true even when the decreasing birth rate is taken into account. This finding is discussed in the context of all infant homicides where the principal suspect is the mother. An examination of recent legislative proposals demonstrates the illogicality pertaining to the offence of infanticide and it is noted that there is no explanation given as to why mental disturbance related to childbirth should have different legal consequences from mental disturbance brought about by any other cause.The opinions expressed in this paper are those of the authors and are not to be construed as necessarily reflecting the views of the Department of Health & Social Security or of the Home Office. We would like to thank the Home Office Statistical Department for their much valued help in providing the statistics of homicide victims.