Road Traffic Offenders Act 1988

24 Alternative verdicts in England and Wales

(1) Where on a person’s trial on indictment in England and Wales for an offence under section 1 (causing death by reckless driving), 2 (reckless driving) or 28 (reckless cycling) of the Road Traffic Act 1988 the jury find him not guilty of the offence specifically charged in the indictment, they may (without prejudice to section 6(3) of the [1967 c. 58.] Criminal Law Act 1967) find him guilty—

(a) where the offence so charged is an offence under section 1 or 2 of the Road Traffic Act 1988, of an offence under section 3 (careless and inconsiderate driving) of that Act, or

(b) where the offence so charged is an offence under section 28 of that Act, of an offence under section 29 (careless and inconsiderate cycling) of that Act.

(2) The Crown Court has the like powers and duties in the case of a person who is by virtue of subsection (1) above convicted before it of an offence under section 3 or 29 of that Act as a magistrates' court would have had on convicting him of that offence.

(3) Where—

(a) a person is charged in England and Wales before a magistrates' court with an offence under section 2 or 28 of that Act, and

(b) the court is of the opinion that the offence is not proved,

then, at any time during the hearing or immediately after it the court may (without prejudice to any other powers possessed by the court) direct or allow a charge for an offence under section 3 or, as the case may be, section 29 of that Act to be preferred forthwith against the defendant and may thereupon proceed with that charge.

(4) Where a magistrates' court exercises the power conferred by subsection (3) above—

(a) the defendant or his solicitor or counsel must be informed of the new charge and be given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against the defendant or otherwise, of answering the new charge, and

(b) the court must, if it considers that the defendant is prejudiced in his defence by reason of the new charge’s being so preferred, adjourn the hearing.