The criminality of abortion was redoubled in 1929, when the Infant Life (Preservation) Act 1929 was passed. The Act criminalised the deliberate destruction of a child "capable of being born alive". This was to close a lacuna in the law, identified by Lord Darling, which allowed for infants to be killed during birth, which would mean that the perpetrator could neither be prosecuted for abortion or murder. There was included in the Act the presumption that all children in utero over 28 weeks' gestation were capable of being born alive. Children in utero below this gestation were dealt with by way of evidence presented to determine whether or not they were capable of being born alive. In 1987, the Court of Appeal refused to grant an injunction to stop an abortion, ruling that a foetus between 18 and 21 weeks was not capable of being born alive. In May 2007, a woman from Levenshulme, Manchester, who had an illegal late-term abortion at months in early 2006 was convicted of child destruction under the Infant Life (Preservation) Act 1929.