The proviso to this section, as extended by any subsequent enactment, was repealed for England and Wales by section 10 of, and paragraph 13(1)(a) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967. Originally, the proviso allowed the jury to find an alternative verdict of this offence on a charge of murder. In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction or a charge of infanticide.