Section 59Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Alternative convictions
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59. (1) On an indictment for murder a person found not guilty of murder may be found guilty of —
manslaughter, or causing grievous bodily harm;
being an accessory after the fact;
an attempt to commit murder;
infanticide;
killing an unborn child; or
concealing the birth of a child (where the murder charged is that of a child), but may not be found guilty of any offence not included above.
Where, on the trial of a person on indictment for any offence except treason or murder, the court finds that person not guilty of the offence specifically preferred but the allegations in the indictment amount to or include (expressly or by implication) an allegation of another offence falling within the jurisdiction of the court, the court may find that person guilty of that other offence or of an offence of which that person could be found guilty, on the facts found to be proved, on an indictment specifically preferring that other offence.
For the purposes of subsection (2), any allegation of an offence shall be taken as including an allegation of attempting to commit that offence; and where a person is charged with attempting to commit an offence or with any assault or other act preliminary to an offence, but not with the complete offence, then (subject to the discretion of the court to discharge the jury with a view to the preferment of an indictment for the complete offence) the person may be convicted of the offence charged notwithstanding that the person is shown to be guilty of the completed offence. SECTION 60 Criminal Procedure Code (2026 Revision) Page 34 Revised as at 31st December, 2025 c
Where a person pleads not guilty of the offence preferred but guilty of some other offence of which the person might be found guilty on that indictment, and is convicted on that plea of guilty without trial for the offence of which the person pleaded not guilty, then (whether or not the two offences are separately preferred in distinct counts) that person’s conviction of the one offence shall be an acquittal of the other.