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Road Traffic Offenders Act 1988
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Changes over time for: Section 23
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Changes to legislation:
Road Traffic Offenders Act 1988, Section 23 is up to date with all changes known to be in force on or before 21 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 23:
- 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. 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. 36(13A) inserted by 2006 c. 49 s. 37(6)
- 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)
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. 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. 36(13A) inserted by 2006 c. 49 s. 37(6)
- 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)
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
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