12 Conviction of an offence under section 1 in proceedings for an offence under section 2 or 3.E+W+N.I.
(1)If on the trial on indictment of a person charged with—
(a)an offence under section 2 above; or
(b)an offence under section 3 above or any attempt to commit such an offence;
the jury find him not guilty of the offence charged, they may find him guilty of an offence under section 1 above if on the facts shown he could have been found guilty of that offence in proceedings for that offence brought before the expiry of any time limit under section 11 above applicable to such proceedings.
(2)The Crown Court shall have the same powers and duties in relation to a person who is by virtue of this section convicted before it of an offence under section 1 above as a magistrates’ court would have on convicting him of the offence.
(3)This section is without prejudice to section 6(3) of the M1Criminal Law Act 1967 (conviction of alternative indictable offence on trial on indictment).
(4)This section does not extend to Scotland.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.