Criminal Law Act 1967

Amendments related to alternative verdicts

13 (1) The following provisions (under which on a trial on indictment a person may be found guilty of certain offences if found not guilty on a charge of another offence) shall cease to have effect:—

(a) in the [1861 c. 100.] Offences against the Person Act 1861, section 60 proviso as extended by any subsequent enactment (conviction of concealment of birth on charge of murder, child destruction or infanticide);

(b) in the Larceny Act 1916, section 44(1) (conviction of assault with intent to rob on charge of robbery);

(c) in the [1933 c. 12.] Children and Young Persons Act 1933, section 1(4) (conviction of cruelty to person under 16 on charge of infanticide or, in certain cases, of manslaughter);

(d) in the [1956 c. 59.] Sexual Offences Act 1956, in Schedule 2.—

(i) in item 1(a), paragraphs (iv), (v), (vi) and (viii) in column 4 (conviction of intercourse with girl under 13, or under 16, or with defective, or of incest, on charge of rape);

(ii) in item 2(a) the whole entry in column 4 (conviction of procuring intercourse by threats, by false pretences or by administering drugs, or of intercourse with girl under 16, or with defective, on charge of intercourse with girl under 13);

(iii) in items 6 and 26 the whole entry in column 4 (conviction of permitting person under 16 to reside in or frequent a brothel on charge of allowing girl under 13, or under 16, to use premises for intercourse);

(iv) in item 14(a) paragraph (iii) in column 4 (conviction of intercourse with defective on charge of incest);

(e) in the [1960 c. 16.] Road Traffic Act 1960, section 2(3) so far as it relates to England or Wales (conviction of reckless or dangerous driving on charge of manslaughter).

(2) For section 241(5) of the Road Traffic Act 1960 (which provides in effect that the requirements of section 241(2) as to notice of intended prosecution shall not prevent a person's conviction of reckless or dangerous driving under the provision made by section 2 of the Act for alternative convictions of that offence on other charges) there shall be substituted:—

“(5) Where a person is prosecuted on indictment for an offence to which this section does not apply, subsection (2) of this section shall not be taken to prejudice any power of the jury on the charge for that offence, if they find him not guilty of it, to find him guilty of an offence against subsection (1) of section 2 of this Act.”

14 In the [1956 c. 59.] Sexual Offences Act 1956, in the following provisions relating to girls not under the age of 13 but under the age of 16, the words " not under the age of 13 but " shall be omitted, that is to say,—

(a) in section 6(1) (intercourse with girl under 16); and

(b) in section 26 (permitting girl under 16 to use premises for intercourse);

and accordingly in Schedule 2, in items 10(a) and 26, for the words " between 13 and 16 " there shall be substituted the words " under 16 ".