Previous Topic

Next Topic

Book Contents

Book Index

3.12.4 - Charge: Alternative Charges Not on the Indictment

Click here to obtain a Word version of this document for adaptation

In this case, the accused has been charged with [insert principal offence]. The law says that when a person is charged with this offence, you are entitled to find him/her guilty of the offence of [insert alternative offence] instead.

When you are delivering your verdict[s], you will first be asked for your verdict on [insert principal offence]. If you are satisfied, beyond reasonable doubt, that NOA is guilty of that offence, then you will not be asked to return a verdict on [insert alternative offence].

However, if you all agree that NOA is not guilty of [insert principal offence], you will be asked for your verdict on whether or not the prosecution have proved, beyond reasonable doubt, all the elements of [insert alternative offence].

I remind you that the accused is entitled to a separate trial of each charge, and that you must not reach your verdict by compromising between them.

Last updated: 27 March 2013

See Also

3.12 - Taking Verdicts

3.12.1 - Charge: Taking a Unanimous Verdict

3.12.2 - Charge: Taking a Majority Verdict

3.12.3 - Charge: Alternative Charges on the Indictment