HL Deb 12 July 1928 vol 71 cc998-1000

Amendments reported (according to Order).

Clause 1:

Punishmeat for child destruction.

(2) For the purposes of this Act, proof of the pregnancy of a mother for a period of twenty-eight weeks or more shall be primâ facie evidence that the child whereof she is or was pregnant is or was capable of being born alive.

LORD DARLING moved to leave out all words in subsection (2), after "For the purposes of this Act,' and to insert "evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be primâ facie proof that she was at that time pregnant of a child capable of being born alive." The noble and learned Lord said: My Lords, the Amendments which I have to move to-day require very little explanation, for they are all in effect drafting Amendments, with perhaps the exception of this first one, which does something to make more easy the proof of the offence than it would be if the Bill were passed in the state in which it now stands. Those who have considered very carefully the words which I now propose are of opinion that they would very much more properly express what is necessary than the words which were there before.

Amendment moved— Page 1, line 19, leave out from ("Act") to the end of the subsection, and insert the said now words.—(Lord Darling.)

On Question, Amendment agreed to.

Clause 2:

Prosecution of offences.

(2) Where upon the trial of any person for the murder, manslaughter or infanticide of any child, or for an offence under Section fifty-eight of the Offences Against the Person Act, 1861 (which relates to administering drugs or using instruments to procure abortion), 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 fifty-eight, as the case may be, but that he is shown 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 indictment for child destruction.

(4) Section sixty of the Offences Against the Person Act, 1861 (which provides that a person acquitted of the murder or infanticide of any child may, if shown by the evidence to be guilty of concealing the birth, be convicted and punished accordingly), shall apply in the case of the acquittal of a person on an indictment for child destruction as it applies to the acquittal of a person on an indictment for murder or infanticide.

LORD DARLING moved, in subsection (2), after "murder," where that word firstly occurs, to insert "or," and to leave out "or infanticide," where those words firstly occur, and, after "child," where that word firstly occurs, to insert "or for infanticide." The noble and learned Lord said: My Lords, these are purely drafting Amendments intended to turn what was an awkwardly expressed sentence into a more elegant one. The subsection will then read:— Where upon the trial of any person for the murder or manslaughter of any child or for infanticide. … and so on to the end of the subsection.

Amendments moved—

Page 2, line 6, after ("murder") insert ("or")

Page 2, line 6,leave out ("or infanticide")

Page 2, line 6,after ("child") insert ("or for infanticide").—(Lord Darling.)

On Question, Amendments agreed to.

LORD DARLING moved, in subsection (4), to leave out "or infanticide," where those words firstly occur, and, after "child," to insert "or of infanticide." The noble and learned Lord said: My Lords, the subsection would then read:— Section sixty of the Offences Against the Person Act, 1861 (which provides that a person acquitted of the murder of any child or of infanticide. … and so on to the end of the subsection. It simply makes the sentence clearer and more easy to understand.

Amendments moved— Page 2, line 30, leave out ("or infanticide") and after ("child") insert ("or of infanticide").—(Lord Darling.)

On Question, Amendments agreed to.