{
  "url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996/article-26",
  "json_url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996/article-26.json",
  "legislation": "nisi/1996/1320",
  "legislation_title": "The Road Traffic Offenders (Northern Ireland) Order 1996",
  "legislation_url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996",
  "path": "article/26",
  "kind": "article",
  "number": "26",
  "heading": "Alternative verdicts",
  "text": "(1) Where—\n(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\n(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,\nhe may be convicted of that offence or of one or more of those offences.\n(1)\n(2)\nOffence charged\nAlternative\nArticle 9 (causing death, or grievous bodily injury, by dangerous driving) inconsiderate, driving)\nArticle 10 (dangerous driving)\nArticle 11A (causing death or grievous bodily injury by careless or inconsiderate driving)\nArticle 12 (careless, and inconsiderate, driving)\nArticle 10 (dangerous driving)\nArticle 12 (careless, and inconsiderate, driving)\nArticle 11A (causing death or grievous bodily injury by careless or inconsiderate driving)\nArticle 12 (careless and inconsiderate driving).\nArticle 14 (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs)\nArticle 11A (causing death or grievous bodily injury by careless or inconsiderate driving)\nArticle 12 (careless, and inconsiderate, driving)\nArticle 15(1) (driving when unfit to drive through drink or drugs)\nArticle 16(1)(a) (driving with excess alcohol in breath, blood or urine)\nArticle 18(7) (failing to provide specimen)\nArticle 18A(6) (failing to give permission for laboratory test)\nArticle 15(1) (driving or attempting to drive when unfit to drive through drink or drugs)\nArticle 15(2) (being in charge of a vehicle when unfit to drive through drink or drugs)\nArticle 16(1)(a) (driving or attempting to drive with excess alcohol in breath, blood or urine)\nArticle 16(1)(b) (being in charge of a vehicle with excess alcohol in breath, blood or urine)\nArticle 42 (dangerous cycling)\nArticle 43 (careless, and inconsiderate, cycling)\n(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.\n(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.\n(3A) Where\n(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\n(b) the allegations in the indictment amount to or include an allegation of any of the relevant offences,\nhe may be convicted of that offence.\n(3B) For the purposes of paragraph (3A) the following are the relevant offences—\n(a) an offence under Article 9 of the Order of 1995 (causing death or grievous bodily injury by dangerous driving),\n(b) an offence under Article 10 of that Order (dangerous driving),\n(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\n(d) an offence under section 35 of the Offences against the Person Act 1861(furious driving).\n(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.\n(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).",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words 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."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words 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."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words 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."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words 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."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1996/1320/article/26",
    "retrieved_at": "2026-10-29T04:41:50.386033+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}