(1) A woman is guilty of infanticide and not of murder if--
(a) the woman by
an act or omission causes the death of a child, in circumstances that would
constitute murder, within 12 months of giving birth to the child, and
(b) at
the time of the act or omission, the woman had a mental health impairment that
was consequent on or exacerbated by giving birth to the child.
(2) A jury
may, at the trial of a woman for the murder of her child, find the woman
guilty of infanticide and not of murder if the jury is of the opinion that--
(a) the woman by an act or omission caused the death of the child, in
circumstances that would constitute murder, within 12 months of giving birth
to the child, and
(b) at the time of the act or omission, the woman had a
mental health impairment that was consequent on or exacerbated by giving birth
to the child.
(3) A woman found guilty of infanticide under this section may
be dealt with and punished as if the woman had been guilty of the offence of
manslaughter of the child.
(4) Nothing in this section affects the power of
the jury on an indictment for the murder of a child to return--
