(1)Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.
Section history
Section 315 — Sentence of death not to be passed on pregnant woman
As in force on 1 January 2020.
Timeline 3 versions
- 2 January 2011 Enacted
- 1 January 2020 You are here
- 31 December 2021 Revised edition
- 17 August 2026 Latest
(2)If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her.
(3)If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code.
(4)On hearing the appeal referred to in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment.