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

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