A new offence of aggravated child cruelty is suggested

The Law Commission was asked to consider the idea for cases where it is impossible to prove which parent was responsible for a child's death.

It said that placing a legal burden on the defendant to explain a death would be against their right not to incriminate themselves.

As part of a package of reforms the commission also suggested a new offence of aggravated child cruelty, with a maximum penalty of 14 years.

And it suggested an offence of failing to protect a child from serious harm caused by ill treatment, which should carry a maximum seven year sentence.

'Sensitive matter'

The Law Commission rejected the introduction of a criminal penalty for failing to explain how a child died.

It said reforms should enable the authorities to ask for an account of a child's death, which their parents of carers would have a responsibility to give.

A jury should be able to "draw inferences" if a defendant did not enter the witness box, it said.

The commissioners described the subject as an "important, difficult and sensitive matter".

They have asked for comments on the report before recommendations are made to the government.

"The problem of how fairly and accurately to establish guilt for these most serious and distressing of crimes is pressing and difficult," said commissioner Judge Alan Wilkie QC.