Policing.uk

Infanticide (Section 1 Infanticide Act 1938)

Infanticide Act 1938, s.1

  • Indictable only
  • Life imprisonment

Definition

Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, if the circumstances were such that but for this Act the offence would have amounted to murder or manslaughter, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. (Infanticide Act 1938, s.1(1))

Points to prove

  1. A woman
  2. by any wilful act or omission
  3. causes the death of her child
  4. being a child under the age of twelve months
  5. at the time of the act or omission the balance of her mind was disturbed
  6. by reason of her not having fully recovered from the effect of giving birth to the child, or by reason of the effect of lactation consequent upon the birth of the child
  7. the circumstances were such that but for the Act the offence would have amounted to murder or manslaughter

Infanticide is an offence under s.1 Infanticide Act 1938. Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, if the circumstances were such that but for the Act the offence would have amounted to murder or manslaughter, she is guilty of infanticide and may be dealt with and punished as if she had been guilty of the offence of manslaughter of the child (s.1(1)). Upon the trial of a woman for the murder or manslaughter of her child under twelve months, the jury may return a verdict of infanticide in lieu of murder or manslaughter where those conditions are met (s.1(2)). Maximum sentence: whosoever is convicted of manslaughter is liable to be kept in penal servitude for life (Offences against the Person Act 1861, s.5), which is now construed as imprisonment for life (Criminal Justice Act 1948, s.1(1)); the CPS states the maximum for manslaughter as life imprisonment (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Officers must handle the investigation with extreme sensitivity. Psychiatric and medical evidence regarding the mother's mental state at the time of the killing is central. A Home Office post-mortem is required. A Family Liaison Officer (FLO) should be deployed. Safeguarding referrals must be made for any surviving children. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or visually recorded (Code F).

Related offences

Last updated 20 October 2026. Reviewed 20 October 2026