Concealment of birth

Australia

Australian Capital Territory

Section 47 of the Crimes Act 1900 creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s47.html

New South Wales

Section 85 of the Crimes Act 1900 creates the offence of concealment of birth. http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s85.html

Northern Territory

Section 163 of the Criminal Code Act creates the offence of concealment of birth. http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/9cb8a71f87a31ce6692575070015992f?OpenDocument

South Australia

Section 83 of the Criminal Law Consolidation Act 1935 creates the offence of concealment of birth.https://web.archive.org/web/20080809015332/http://www.legislation.sa.gov.au/LZ/C/A/CRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935/CURRENT/1935.2252.UN.PDF

Western Australia

Section 291 of the Criminal Code (Schedule to the Criminal Code Compilation Act 1913) creates the offence of concealing the birth of children. http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:11259H/$FILE/CrimCd_14-00-01.html?OpenElement

Tasmania

Section 166 of the Criminal Code Act 1924 creates the offence of concealment of birth.http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=69++1924+AT@EN+20070902000000;histon=;prompt=;rec=-1;term=

Victoria

Section 67 of the Crimes Act 1958 creates the offence of concealing birth of a child.http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s67.html

Canada

Section 242 of the Canadian Criminal Code (injury to, or death of, a child due to its mother neglecting to obtain assistance in child birth with intent that it should not live or to conceal its birth).http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:242 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:242 (French)

Section 243 of that Code (concealing the dead body of a child with intent to its conceal birth). http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:243 (English) http://laws.justice.gc.ca/fr/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//fr?page=6&isPrinting=false#codese:243 (French)

England and Wales, and Northern Ireland

In England and Wales, and in Northern Ireland, section 60 of the Offences Against the Person Act 1861 (24 & 25 Vict. c. 100) creates the offence of concealing the birth of a child:

The words "with or without hard labour" omitted in the first place were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58).

The proviso to this section, as extended by any subsequent enactment, was repealed for England and Wales by section 10 of, and paragraph 13(1)(a) of schedule 2 to, and part III of schedule 3 to, the Criminal Law Act 1967. Originally, the proviso allowed the jury to find an alternative verdict of this offence on a charge of murder. In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction or a charge of infanticide.{{Infobox UK legislation Section 60 of the Offences Against the Person Act 1861 (24 & 25 Vict. c. 100) is framed on section 14 of the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) (which applied to England, including Wales and Berwick) and section 17 of the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34), which applied to Ireland.

This offence was previously created by section 4 of Lord Ellenborough's Act (43 Geo. 3. c. 58). Section 3 of the act repealed the Concealment of Birth of Bastards Act 1623 (21 Jas. 1. c. 27) and the Concealment of Birth of Bastards Act 1707 (6 Anne c. 4 (I)), which applied to England and Wales and Ireland, respectively.

The words "if any woman shall be delivered of a child, every person" were retained in section 60 after a division in the select committee of the House of Commons, and the members were equally divided upon the subject. The word "secret" was in like manner retained after a division in the committee.

An offence under section 60 of the Offences Against the Person Act 1861 (24 & 25 Vict. c. 100) could not be tried at Quarter Sessions.

Section 31 of the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) made provision in relation to any person who should counsel, aid or abet the commission of, amongst other things, a misdemeanour under section 14.

South Africa

In South Africa, section 113 of the General Law Amendment Act, 1935, amended by the Judicial Matters Amendment Act 66, 2008, creates the offence of concealing the birth of a child:

113. (1) Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years. (2) A person may be convicted under subsection (1) although it has not been proved that the child in question died before its body was disposed of.}}

United States

In the United States, concealing birth was once a crime punishable by capital punishment. In 1785, Hannah Piggen from Massachusetts was the last person to be put to death for concealing the birth/death of an infant.

Concealing birth remains illegal in many states. Its seriousness as a crime, however, differs from state to state, ranging from a felony in Arkansas to a misdemeanor in Washington.

Notes

References

References

1. The [[Infant Life (Preservation) Act 1929]], [http://www.legislation.gov.uk/ukpga/Geo5/19-20/34/section/2/enacted section 2(4)]
2. It was initially extended by the [[Infanticide Act 1922]] ([[12 & 13 Geo. 5]]. c. 18) and then by [http://www.legislation.gov.uk/ukpga/Geo6/1-2/36/section/1/enacted section 1(4)] of the [[Infanticide Act 1938]] ([[1 & 2 Geo. 6]]. c. 36).
3. [[James Edward Davis]]. [[The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory]]. Butterworths. 1861. [https://books.google.com/books?id=HMw0AAAAIAAJ&pg=PA279 Page 279].
4. Ormerod, D. ''Smith and Hogan's Criminal Law''. Thirteenth Edition. Oxford University Press. 2011. Section 16.1.3 at pages 581 and 582.
5. The [[Quarter Sessions Act 1842]] ([[5 & 6 Vict.]] c. 38)
6. "Judicial Matters Amendment Act, No. 66 of 2008, G 31908, 17 February 2009". Government Gazette - Republic of South Africa.
7. "Female Executions". The Espy File 1632-1962.
8. "§ 5-26-203 - Concealing birth.". Justia.
9. "9.02.050 Concealing birth". Justia.