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Section 26 Provisions as to prosecution of offence of child destruction.

Northern Ireland

(1)

Where upon the trial of any person for the murder or manslaughter of any child, or for infanticide, F1..., the jury are of opinion that the person charged is not guilty of murder, manslaughter or infanticide, ..., as the case may be, but that he is shown by the evidence to be guilty of the [F2 offence] of child destruction, the jury may find him guilty of that [ offence], and thereupon the person convicted shall be liable to be punished as if he had been convicted upon an indictment for child destruction.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Subs.(3) rep. by 1967 c.18 (NI)

  • Subs.(4) rep. by 1989 NI 12

Annotations

Textual amendments

F1

Words in s. 26(1) omitted (31.3.2020) by virtue of The Abortion (Northern Ireland) Regulations 2020 (S.I. 2020/345), regs. 1(b), 14(2)(a) (with reg. 15); and (14.5.2020) by virtue of The Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/503), regs. 1(1)(b), 14(2)(a) (with reg. 15)

F2

1967 c.18 (NI)

F3

S. 26(2) omitted (31.3.2020) by virtue of The Abortion (Northern Ireland) Regulations 2020 (S.I. 2020/345), regs. 1(b), 14(2)(b) (with reg. 15); and (14.5.2020) by virtue of The Abortion (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/503), regs. 1(1)(b), 14(2)(b) (with reg. 15)