2013, No. 10
Crimes
51
(b) at the time of the offence the balance of her mind was
disturbed, by reason of her not having fully
recovered from the effect of giving birth to that
child, or by reason of lactation, or by reason of
any disorder consequent upon childbirth or
lactation, to such an extent that she should not be
held fully responsible.
(2) Where upon the trial of a woman for the murder or
manslaughter of any child of hers under the age of 12 months
there is evidence that would support a verdict of infanticide, the
assessors may return a verdict of infanticide instead of a verdict
of murder or manslaughter, and the accused shall be liable
accordingly.
(3) Where the woman is guilty of infanticide, the Judge must
order that the woman be examined by two (2) medical
practitioners and the following provisions apply:
(a) pending the receipt by the Judge of certificates from
the medical practitioners, the woman must be
detained in a place that the Judge thinks
appropriate, and that place must be one of the
following (i) a private or public hospital or a
treatment centre within the meaning of the
Mental Health Act 2007; or
(ii) a prison within the meaning of the
Prisons Act 1967;
(b) if each of the medical practitioners certifies that the
balance of her mind is no longer disturbed and
that she is in no need of care and treatment in a
hospital, the Judge must order that the woman be
discharged from custody immediately;
(c) where no certificate may be given under paragraph
(b), in considering all the circumstances of the
case and the medical evidence of the two (2)
medical practitioners, the Court may make one of
or a combination of the following orders (i) detain the person as is an “Inpatient
Treatment Order” had been made under
section 15 of the Mental Health Act 2007; or