Section 23 Alternative verdicts in Scotland.

England, Wales and Scotland

(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),

(F4aa)

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.

Annotations

Textual amendments

F1: Words 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.
F2: Words 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)
F3: S. 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)
F4: S. 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)
F5: S. 23(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, 83, Sch. 4 para. 90(3), Sch.8; S.I. 1992/1286, art. 2, Sch.Appendix

Notes on Part I

Modifications

C1: Pt. 1 applied (E.W.S.) (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 3(16)