Scottish Law

[Ric.ror]

Am I correct in thinking a woman who has given birth within a year cannot be charged for murder in Scotland?

[Zacs-Master]

Alex Salmond should look out for women with prams if it's true.

[maggiebee]

Not 100% sure but pretty certain a woman would/could be charged with murder no matter when her child was born.

[2sp_]

I'm pretty sure that's not true, if only because I'm sure there have been cases where mothers have killed their newborns and been charged for it.

(Please don't ask me to prove it though!)

[Tuvok]

Lithuanian or Latvian woman charged for killing her baby in Fraserburgh - and wanted for questioning in her homeland for a similar offence. Not sure if she's be extradited yet.

[Ric.ror]

I thought I heard on the radio a few years ago that it was the case
I'm obviously wrong
Thanks for your help

[EDDIE51]

I think you are getting confused with the fact that a mother can suffer post natal depression within a year of the birth of a child, that could be mitigation in a case where she had killed the child. Still murder though.

[Ric.ror]

Eddie that was the reason I thought a mother could not be charged
Oh well never mind

[FredPuli43]

Not murder but infanticide, contrary to section 1 of the Infanticide Act 1938. When a woman, by any wilful act or omission, kills her child within twelve months of the birth and the act or omission is the consequence of her giving birth ,or lactation pursuant thereto,disturbing her mind, she shall not be guilty of murder or manslaughter though the circumstances would otherwise make her so. However, she is guilty of infanticide. The offence is punishable as manslaughter would be, that is by any sentence up to life imprisonment.

[Neveracrossword]

...I don't think the Act applies in Scotland - only in England and Wales.

[FredPuli43]

It doesn't extend to Scotland, Neveracrossword [section 2(2) of the 1938 Act specifically excludes Scotland]. In Scotland, the woman would be charged with 'culpable homicide'. This is not murder either. It is the nearest equivalent, in Scots law, to manslaughter, in England and Wales.

[Peter Pedant]

Fred - I think you have answered the q : can a woman be charged with murder if she kills her child within a year of birth.

Alex Salmond should indeed look out.

Is meant to cover post natal depression - which had a vogue of 'not existing' in the late seventies but its baaaack !
just in case people fingers are wandering to the keyboard - the psychs took the view it was just depresssion occurring after a birth rather than its own disease ( sui generis as the lawyers might say )

and yet and yet - what happens if she kills in a depressed state another of her kids ? Ha ! Yes indeed - Infanticide act in E+W doesnt appply and she would be charged with murder ( in E + W )

still dont know the answer in Scotland