Alternative verdictsN.I.
26.—(1) Where—
(a)a person charged with an offence under a provision of the Order of 1995 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 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.
| (1) | (2) |
|---|---|
| Offence charged | Alternative |
| Article 9 (causing death, or grievous bodily injury, by dangerous driving) inconsiderate, driving) | Article 10 (dangerous driving) [F1Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving)] Article 12 (careless, and inconsiderate, driving) |
| Article 10 (dangerous driving) | Article 12 (careless, and inconsiderate, driving) |
| [F2Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving)] | [F2Article 12 (careless and inconsiderate driving).] |
| Article 14 (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs) | [F3Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving)] Article 12 (careless, and inconsiderate, driving) Article 15(1) (driving when unfit to drive through drink or drugs) Article 16(1)(a) (driving with excess alcohol in breath, blood or urine) Article 18(7) (failing to provide specimen) [F4Article 18A(6) (failing to give permission for laboratory test)] |
| Article 15(1) (driving or attempting to drive when unfit to drive through drink or drugs) | Article 15(2) (being in charge of a vehicle when unfit to drive through drink or drugs) |
| Article 16(1)(a) (driving or attempting to drive with excess alcohol in breath, blood or urine) | Article 16(1)(b) (being in charge of a vehicle with excess alcohol in breath, blood or urine) |
| Article 42 (dangerous cycling) | Article 43 (careless, and inconsiderate, cycling) |
(2) Where the offence with which a person is charged is an offence under Article 14 of the Order of 1995, paragraph (1) shall not authorise his conviction of any offence of attempting to drive.
(3) Where a person is charged with having committed an offence under Article 15(1) or 16(1)(a) of the Order of 1995 by driving a vehicle, he may be convicted of having committed an offence under the provision in question by attempting to drive.
[F5(3A) 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.
(3B) For the purposes of paragraph (3A) the following are the relevant offences—
(a)an offence under Article 9 of the Order of 1995 (causing death or grievous bodily injury by dangerous driving),
(b)an offence under Article 10 of that Order (dangerous driving),
(c)an offence under Article 14 of that Order (causing death or grievous bodily injury 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).]
(4) Where by virtue of this Article 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 court of summary jurisdiction would have had on convicting him of that offence.
(5) This Article has effect without prejudice to section 6(2) of the [1967 c. 18 (N.I.).] Criminal Law Act (Northern Ireland) 1967 (alternative verdicts on trial on indictment).
F1Words in art. 26(1) Table inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 52(2)(a); S.R. 2008/293, art. 2, Sch.
F2Words in art. 26(1) Table inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 52(2)(b); S.R. 2008/293, art. 2, Sch.
F3Words in art. 26(1) Table inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 52(2)(c); S.R. 2008/293, art. 2, Sch.
F4Words in art. 26(1) Table inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 63(4); S.R. 2008/293, art. 2, Sch.
F5Art. 26(3A)(3B) inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 64; S.R. 2008/293, art. 2, Sch.