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Concealing a Birth

Concealing a Birth is an offence under Section 85 of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You wilfully concealed the birth of a child, or attempted to do so, and
  2. You disposed of the child’s dead body

You are not guilty if you are able to satisfy the court ‘on the balance of probabilities’ that the disposal took place before the 28th week of pregnancy.

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