HL Deb 22 June 1922 vol 50 cc1096-9

Amendments reported (according to Order).

Clause 1:

Conviction for manslaughter in certain cases.

1.—(1) Where a woman unlawfully by any direct means intentionally causes the death of her newly born child, but at the time when she so caused its death 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 of infanticide, and may for such offence be 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 unlawfully by any direct means intentionally caused its death, but that at the time when she so caused its death 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.

(3) Nothing in this Act shall limit time power of the jury upon an indictment for murder to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth, in pursuance of section 60 of the Offences against the Person Act, 1861.

Amendment moved— Page 1, lines 6 and 7, leave out ("unlawfully by any direct means intentionally") and insert ("by any wilful act or omission").—(The Lord Chancellor.)

On Question, Amendment agreed to.

LORD PARMOOR had put down an Amendment to move, at the beginning of subsection (1), after "Where a woman unlawfully," to leave out "by any direct means intentionally." The noble and learned Lord said: This Amendment is really covered by the Amendment already passed, but perhaps it might be for the convenience of the House to say that I assent, and very gratefully assent, to all the Amendments which stand in the name of the learned Lord Chancellor. It may save the time of the House to make that statement at this stage; but there is one Amendment of my own in subsection (1) which I should like to say a word or two upon when we get to it. I do not move my Amendment to leave out "by any direct means intentionally."

Amendment moved— Page 1, line 8, leave out ("when she so caused its death") and insert ("of the act or omission"). —(The Lord Chancellor.)

On Question, Amendment agreed to.

LORD PARMOOR had an Amendment on the Paper to move, in subsection (1), to leave out "the balance of her mind was" and insert "her physical and mental condition were." The noble and learned Lord said: I do not intend to press this Amendment if the noble and learned Lord Chancellor has any objection to it. I pointed out at a former stage that the words "the balance of her mind" were difficult words in the sense that they opened the way to calling expert medical opinion upon a matter in respect of which there is much medical difference of opinion, and I hope to avoid that by inserting instead of the words "the balance of her mind was," the alternative "her physical and mental conditions were." I do not care to retain the word "physical," because it has been pointed out to me that in all conditions her physical condition might be affected, but I hope the Lord Chancellor will enable me to insert the words "mental condition" instead of the words "balance of her mind," and I beg to move accordingly.

Amendment moved— Page 1, lines 10 and 11, leave out ("the balance of her mind was") and insert ("her mental condition was").—(Lord Parmoor.)

THE LORD CHANCELLOR

I do not reject this Amendment without consultation with such experienced functionaries as the Director of Public Prosecutions and others specially versed in the criminal law. They greatly prefer the words as they appear in the Bill to the words suggested by the noble and learned Lord. The objection taken by the noble and learned Lord to my phrase is really just as applicable to his own. I understand that he objects to my phrase because it would be necessary to take medical evidence. It would be equally necessary to call medical evidence in order to justify his test that her mental condition was of such a kind. The proper way of making inquiries as to mental stability, and the time-honoured manner in our legal procedure, is by calling experts before a jury and a Judge to give their evidence before the jury and the Judge, and it is for the jury to pronounce upon that evidence under direction from the Judge. I hope the noble and learned Lord will not press his Amendment.

LORD PARMOOR

I shall not press my Amendment after what the noble and learned Viscount has stated.

Amendment, by leave, withdrawn.

Amendments moved—

Page 1, line 14, after ("be") insert ("dealt with and")

Page 1, line 19, leave out ("unlawfully by any direct means intentionally") and insert ("by any wilful act or omission")

Page 1, lines 20 and 21, leave out ("when she so caused its death") and insert ("of the act or omission")

Page 2, line 1, leave out ("limit") and insert ("affect")

Page 2, line 2, leave out ("murder") and insert ("the murder of a newly-born child")

Page 2, line 5, at end insert the following new subsection:

("(4) The said section sixty shall apply in the case of the acquittal of a woman upon indictment 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 twelve of the Children's Act, 1908, to find the accused guilty of such an offence, and in that case that section shall apply accordingly").—(The Lord Chancellor.)

On Question, Amendments agreed to.

Clause 1, as amended, agreed to.

Clause 2:

Short title and extent.

2.—(1) This Act may be cited as the Child Murder (Trial) Act, 1922.

(2) This Act shall not extend to Scotland or Ireland.

Amendment moved— Page 2, lines 6 and 7, leave out ("Child Murder (Trial)") and insert ("Infanticide").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Title:

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