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Infanticide Act 1938
The Infanticide Act 1938 (1 & 2 Geo 6 c 36) is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales. Section 1 - Offence of infanticide Sections 1(1) to (3) now read: Amendments The word "if" was substituted for the words "notwithstanding that" in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of the Coroners and Justice Act 2009. The words "or manslaughter" were inserted in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of that Act. The words at the end of section 1(3) were repealed by Part III of Schedule 3 to the Criminal Law Act 1967. Section 1(4) was also repealed by that Part. "Notwithstanding that" In ''R v Gore'', the Court of Appeal held that this expression meant "even if". Restriction on institution of proceedings Proceedings against a woman for infanticide, if the injury alleged to have caused the death was sustained more than three years before the death occurred, or the person has previo ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Child Destruction
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland and Hong Kong. The offence of that name has been abolished and replaced in Victoria, Australia. Child destruction is the crime of killing an unborn but viable foetus; that is, a child "capable of being born alive", before it has "a separate existence". People have been convicted of the offence for injuring a heavily pregnant woman in the abdomen, such that her foetus dies; for killing a foetus during childbirth; or for performing a late-term abortion. The purpose of the offence is to criminalise the killing of a child during its birth, because this is neither abortion nor homicide for the purposes of the criminal law. It can also be used to prosecute late abortions.Card, Richard (editor). Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. . ¶¶11.82–83. During the second reading of the Preservation of Infant Life Bill 1928 to 1929, Lord Atkin said: England ...
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The National Archives (United Kingdom)
, type = Non-ministerial department , seal = , nativename = , logo = Logo_of_The_National_Archives_of_the_United_Kingdom.svg , logo_width = 150px , logo_caption = , formed = , preceding1 = , dissolved = , superseding = , jurisdiction = England and Wales, HM Government , headquarters = Kew, Richmond, Greater London TW9 4DU , region_code = GB , coordinates = , employees = 679 , budget = £43.9 million (2009–2010) , minister1_name = Michelle Donelan , minister1_pfo = Secretary of State for Digital, Culture, Media and Sport , minister2_name = TBC , minister2_pfo = Parliamentary Under Secretary of State , chief1_name = Jeff James , chief1_position = Chief Executive and Keeper of the Public Records , chief2_name = , chief2_position = , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , agency_type = , chief6_name = , chief6_position = , chief7_name = , chief7_position = ...
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Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measure currently in force in England and Wales (and to various extents in Scotland and Northern Ireland), as well as a number of private and local Acts, with detailed annotations to each section and Schedule of each Act. It incorporates the effects of new Acts of Parliament and secondary legislation into existing legislation to provide a consolidated "as amended" text of the current statute book. ''Halsbury's Statutes'' was created in 1929. The full title of this work was ''The Complete Statutes of England Classified and Annotated in Continuation of Halsbury’s Laws of England and for ready reference entitled Halsbury’s Statutes of England''. As indicated by the title, the new work was to be a companion to ''Halsbury’s Laws of England'' ...
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Infanticide Act
The Infanticide Act is the name of two 20th-century acts in English law that started treating the killing of an infant child by its mother during the early months of life as a lesser crime than murder. England and Wales The Infanticide Act 1922 effectively abolished the death penalty for a woman who deliberately killed her newborn child, while the balance of her mind was disturbed as a result of giving birth, by providing a partial defence to murder. The sentence that applies (as in other partial defences to murder) is the same as that for manslaughter. This act was repealed by section 2(3) of the Infanticide Act 1938. The Infanticide Act 1938 extended this defence to cases where "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." Before the partial murder defence of diminished responsibilit ...
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Interpretation Act 1889
The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom. In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Interpretation Act 1889 was to cease to apply to the interpretation of enactments. The whole Act, except paragraphs (4), (5) and (14) of section 13 in their application to Northern Ireland, was repealed by section 25(1) of, and Schedule 3 to, the Interpretation Act 1978. In the Republic of Ireland, the application of the Interpretation Act 1889 was restricted to pre-1924 legislation by the Interpretation Act 1923, and repealed by the Interpretation Act 2005. Construction of references Without prejudice to section 17(2)(a) of the Interpretation Act 1978, a reference to the Interpretation Act 1889 or to any provision of that Act, whether occurring in another Act, in subordinate legislation, in Northern Ireland legislation or in any deed or oth ...
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Statute Law Revision Act 1950
The Statute Law Revision Act 1950 is an Act of the Parliament of the United Kingdom. This Act was partly in force in Great Britain at the end of 2010. The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man on 25 July 1991.The Interpretation Act 1978, section 4(b) Section 1 This section was repealed by section 1 of, and the First Schedule to, the Statute Law Revision Act 1953. Section 2 The words "to the court of the county palatine of Lancaster or" in this section were repealed by section 56(4) of, and Part II of Schedule 11 to, the Courts Act 1971. This section was repealed by section 32(4) of, and Part V of Schedule 5 to, the Administration of Justice Act 1977. Section 3 Section 3(1) from "the Union" to "Ceylon" and the word "Burma" was repealed by Group 1 oPart XVIof Schedule 1 to the Statute Law (Repeals) Act 1993. Section 3(2) was repealed by Group 1 oPart IXof S ...
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Life Imprisonment In England And Wales
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for early release after a minimum term set by the judge. In exceptional cases, however, a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the Home Secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed. Until 1957, the mandatory penalty for all adults convicted of murder was death by hanging. The Homicide Act of that year limited the circumstances in which murderers could be executed, mandating life imprisonment in all other cases. The death penalty for murder was suspended for five years by the 1965 Murder (Abolition of Death Penalty) Act and was abolished in 1969 (1973 in ...
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Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is the leading practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions around the world. It has been in publication since 1822, when it was first written by John Frederick Archbold, and is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced barristers, KCs and judges. Editors Magistrates' courts As far as it covers procedure and practice, ''Archbold'' refers to those of the Crown Court. A separate volume, ''Archbold Magistrates' Courts Criminal Practice'' covers the magistrates' courts.Sweet & MaxwellArchbold Magistrates' Courts Criminal Practice 2023 accessed 25 November 2022 Archbold Magistrates' Courts Criminal Pract ...
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Triable Only On Indictment
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, New ...
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Infant Life (Preservation) Act 1929
The Infant Life (Preservation) Act 1929 is an Act of the Parliament of the United Kingdom. It created the offence of child destruction. The Act retains three sections, the most substantive legal changes of which are in the first section. The Bill preceding it was introduced as the Child Destruction Bill. It was reintroduced in the next session as the Preservation of Infant Life Bill. Section 1(1)'s caveat of the Act amended s.58 of the Offences against the Person Act 1861 so that abortions and child destruction carried out in good faith for the sole purpose of preserving the life of the mother were no longer an offence. Relationship with the Abortion Act 1967 The Abortion Act 1967 makes foetal abortion legal in specific circumstances when conducted in accordance with the regulations of the act.Smith and Hogan, 12th edition, p.568 The 1967 Act—as for added clarity amended by s37 of the Human Fertilisation and Embryology Act 1990 The Human Fertilisation and Embryology Act ...
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Law Reform (Year And A Day Rule) Act 1996
The Law Reform (Year and a Day Rule) Act 1996 is a short Act of Parliament which abolished the year and a day rule in English law and Northern Irish law. The year and a day rule was an ancient rule of the common law which created a conclusive presumption that a death was not murder (or any other form of homicide) if it occurred more than a year and a day since the act (or omission) that was alleged to have been its cause. The precise scope of the rule was unclear. As Lord Dormand said on second reading in the House of Lords, "it certainly applies to murder, manslaughter, infanticide and aiding and abetting suicide. It may also apply to motoring offences in which death is an element: causing death by dangerous driving; causing death by reckless driving while under the influence of drink or drugs; and aggravated vehicle taking causing death." The Act has only three sections. Section 1 simply says: :''The rule known as the "year and a day rule" (that is, the rule that, for ...
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