They criminalise only the killing of ‘a child capable of being born alive’. 1 This was presumed in 1929 to be after 28 weeks’ gestation, but in 1991 1 a civil court held that the presumption operated from 26 weeks. Although in practice it will be more difficult to establish causation earlier in pregnancy, and most convictions may end up being for losses caused late in gestation, nevertheless it seems wise for any Scottish law to apply throughout pregnancy, allowing for prosecution where causation can be established: the serious harm to women of losing wanted pregnancies through abuse/violence does not emerge at 26 weeks.