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Infanticide Act — MRCPsych Paper B MCQ

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HardForensic PsychiatryInfanticide ActMRCPsych Paper B

In England and Wales, a 35-year-old biological mother is tried for murder after intentionally killing her 3-month-old infant. Expert evidence establishes that her balance of mind was disturbed at the time. The residual effects of childbirth were an operating, but not the sole, cause of that disturbance; a severe depressive episode with psychotic features also contributed. Counsel seeks the special lesser alternative verdict applicable in these circumstances, for which she would be sentenced as if convicted of manslaughter. Which Act creates this route?

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Correct answer: A — Infanticide Act 1938

The correct answer is **B, the Infanticide Act 1938**. It applies where a biological mother causes the death of her child aged under 12 months while her balance of mind is disturbed because she has not fully recovered from childbirth or because of lactation. Birth-related effects need not be the sole cause of the disturbance, so concurrent psychotic depression does not exclude the verdict. Infanticide is a distinct offence, although the defendant is sentenced as if convicted of manslaughter. The Homicide Act 1957 provides the separate partial defence of diminished responsibility, resulting in manslaughter rather than infanticide; its modern test was amended by the Coroners and Justice Act 2009. The Mental Health Act concerns assessment, treatment and disposals, not substantive criminal liability. The Children Act does not create a homicide defence.

Reference: Law Commission, Homicide Offences Consultation Paper, Chapter 9 paragraphs 9.8–9.10, 2026. https://cdn.websitebuilder.service.justice.gov.uk/uploads/sites/54/2026/06/Homicide-Offences-Consultation-Paper-1.pdf