Road Traffic Offenders Act 1988

Changes over time for: Cross Heading: Verdict

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Changes to legislation:

Road Traffic Offenders Act 1988, Cross Heading: Verdict is up to date with all changes known to be in force on or before 26 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 24(A2)(ca)-(ce) inserted by 2024 c. 10 Sch. 3 para. 2(2)(a)(ii)
s. 29(2A) inserted by 2006 c. 49 s. 34(2)
s. 30A-30D inserted by 2006 c. 49 s. 34(3)
s. 30C(5)(f) words substituted by S.I. 2009/1885 Sch. 1 para. 15
s. 34A(7A) inserted by 2009 c. 25 Sch. 21 para. 90(3)(d)
s. 34B(12) added by 2009 c. 25 Sch. 21 para. 90(4)(c)
s. 34D-34G inserted by 2006 c. 49 s. 15(1)
s. 34D(1)(d) words inserted by 2009 c. 25 Sch. 21 para. 90(5)(a)
s. 34D(3) words inserted by 2009 c. 25 Sch. 21 para. 90(5)(b)
s. 34D(5A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(c)
s. 34D(6)(a) words substituted by 2009 c. 25 Sch. 21 para. 90(5)(d)(i)
s. 34D(6)(b) words substituted by 2009 c. 25 Sch. 21 para. 90(5)(d)(ii)
s. 34D(6A) inserted by 2009 c. 25 Sch. 21 para. 90(5)(e)
s. 34F(5)(f) words substituted by S.I. 2009/1885 Sch. 1 para. 17
s. 35A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 8(b) (This amendment not applied to legislation.gov.uk. S. 35A(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(1)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25)
s. 35A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 8(c) (This amendment not applied to legislation.gov.uk. S. 35A(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 30(1)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 25)
s. 36(13A) inserted by 2006 c. 49 s. 37(6)
s. 40B(9) words substituted by 2006 c. 49 Sch. 2 para. 33
s. 41B inserted by 2006 c. 49 s. 15(2)
s. 84(1) s. 84 renumbered as s. 84(1) by 2004 c. 28 s. 16(3)
s. 84(2) (3) inserted by 2004 c. 28 s. 16(3)
Sch. 1 para. 3(aa) inserted by 2006 c. 49 s. 15(3)(a)
Sch. 1 para. 4(za) inserted by 2006 c. 49 s. 15(3)(b)
Sch. 1 para. 1A(c)(d) and word inserted by 2024 c. 10 Sch. 4 para. 1(2)(b)
Sch. 1 para. 3(bc) inserted by 2024 c. 10 Sch. 4 para. 1(2)(c)
Sch. 1 para. 4(ab) inserted by 2024 c. 10 Sch. 4 para. 1(2)(d)

VerdictE+W+S

23 Alternative verdicts in Scotland.E+W+S

(1)If on the trial on indictment in Scotland of a person for culpable homicide in connection with the driving of a [F1 mechanically propelled vehicle] by him the jury are not satisfied that he is guilty of culpable homicide but are satisfied that he is guilty of [F2any of the relevant offences], they may find him guilty of that offence.

[F3(1A)For the purposes of subsection (1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

[F4(aa)an offence under section 1A of that Act (causing serious injury by dangerous driving),]

(b)an offence under section 2 of that Act (dangerous driving), and

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).]

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If on the trial on indictment in Scotland of a person for stealing a motor vehicle the jury are not satisfied that he is guilty of stealing the motor vehicle but are satisfied that he is guilty of an offence under section 178 of that Act (taking motor vehicle without authority etc.), they may find him guilty of an offence under that section.

Textual Amendments

F1Words in s. 23(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 90(2)(a); S.I. 1992/1286, art. 2,Sch.

F2Words in s. 23(1) substituted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 32(2), 61(1)(10); S.I. 2007/2472, art. 2(j)

F3S. 23(1A) inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 32(3), 61(1)(10); S.I. 2007/2472, art. 2(j)

F4S. 23(1A)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 27 para. 3; S.I. 2012/2770, art. 2(g)

F5S. 23(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, 83, Sch. 4 para. 90(3), Sch.8; S.I. 1992/1286, art. 2, Sch.Appendix

[F6 24 Alternative verdicts: general.E+W+S

[F7(A1)Where—

(a)a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

(b)the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

(A2)For the purposes of subsection (A1) above the following are the relevant offences—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

[F8(aa)an offence under section 1A of that Act (causing serious injury by dangerous driving),]

(b)an offence under section 2 of that Act (dangerous driving),

[F9(ba)an offence under section 3ZC of that Act (causing death by driving: disqualified drivers),

(bb)an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers),]

(c)an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

(d)an offence under section 35 of the Offences against the Person Act 1861 (furious driving).]

(1)Where—

(a)a person charged with an offence under a provision of the Road Traffic Act 1988 specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

(b)the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,

he may be convicted of that offence or of one or more of those offences.

Offence charged	Alternative
Section 1 (causing death by dangerous driving)	Section 2 (dangerous driving)
	[F10Section 2B (causing death by careless, or inconsiderate, driving)]
	Section 3 (careless, and inconsiderate, driving)
[F11Section 1A (causing serious injury by dangerous driving)]	[F11Section 2 (dangerous driving)] [F12Section 2C (causing serious injury by careless, or inconsiderate, driving)]
	[F11Section 3 (careless, and inconsiderate, driving)]
Section 2 (dangerous driving)	Section 3 (careless, and inconsiderate, driving)
[F13Section 2B (causing death by careless, or inconsiderate, driving)]	[F13Section 3 (careless, and inconsiderate, driving),]
[F14Section 2C (causing serious injury by careless, or inconsiderate, driving)	Section 3 (careless, and inconsiderate, driving]
[F15Section 3ZC (causing death by driving: disqualified drivers)]	[F15Section 103(1)(b) (driving while disqualified)]
[F15Section 3ZD (causing serious injury by driving: disqualified drivers)]	[F15Section 103(1)(b) (driving while disqualified)]
Section 3A (causing death by careless driving when under influence of drink or drugs)	[F16Section 2B (causing death by careless, or inconsiderate, driving)]
	Section 3 (careless, and inconsiderate, driving)
	Section 4(1) (driving when unfit to drive through drink or drugs)
	Section 5(1)(a) (driving with excess alcohol in breath, blood or urine)
	Section 7(6) (failing to provide specimen)
	[F17Section 7A(6) (failing to give permission for laboratory test)]
Section 4(1) (driving or attempting to drive when unfit to drive through drink or drugs)	Section 4(2) (being in charge of a vehicle when unfit to drive through drink or drugs)
Section 5(1)(a) (driving or attempting to drive with excess alcohol in breath, blood or urine)	Section 5(1)(b) (being in charge of a vehicle with excess alcohol in breath, blood or urine)
[F18Section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit)]	[F18Section 5A(1)(b) and (2) (being in charge of a vehicle with concentration of specified controlled drug above specified limit)]

Section 28 (dangerous cycling)	Section 29 (careless, and inconsiderate, cycling)

(2)Where the offence with which a person is charged is an offence under section 3A of the Road Traffic Act 1988, subsection (1) above shall not authorise his conviction of any offence of attempting to drive.

(3)Where a person is charged with having committed an offence under section 4(1) [F19, 5(1)(a) or 5A(1)(a) and (2)] of the Road Traffic Act 1988 by driving a vehicle, he may be convicted of having committed an offence under the provision in question by attempting to drive.

(4)Where by virtue of this section a person is convicted before the Crown Court of an offence triable only summarily, the court shall have the same powers and duties as a magistrates’ court would have had on convicting him of that offence.

(5)Where, in Scotland, by virtue of this section a person is convicted under solemn procedure of an offence triable only summarily, the penalty imposed shall not exceed that which would have been competent on a conviction under summary procedure.

(6)This section has effect without prejudice to section 6(3) of the Criminal Law Act 1967 (alternative verdicts on trial on indictment), [F20sections 295, 138(4), 256 and 293 of and Schedule 3 to the Criminal Procedure (Scotland) Act 1995] and section 23 of this Act.]

Textual Amendments

F6S. 24 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 24; S.I. 1992/1286, art. 2, Sch.

F7S. 24(A1)(A2) inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 33, 61(1)(10); S.I. 2007/2472, art. 2(k)

F8S. 24(A2)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 27 para. 4(2); S.I. 2012/2770, art. 2(g)

F9S. 24(A2)(ba)(bb) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 3(2)(a) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

F10Words in s. 24(1) inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(2)(a), 61(1)(10); S.I. 2008/1918, art. 2(a)

F11Words in s. 24(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 27 para. 4(3); S.I. 2012/2770, art. 2(g)

F12Words in s. 24(1) Table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(i), Sch. 8 para. 2(2)(a)

F13Entry in s. 24(1) inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(2)(b), 61(1)(10); S.I. 2008/1918, art. 2(a)

F14Words in s. 24(1) Table inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(i), Sch. 8 para. 2(2)(b)

F15Words in s. 24(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 3(3) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

F16Words in s. 24(1) inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(2)(c), 61(1)(10); S.I. 2008/1918, art. 2(a)