Div 6Serious vehicle and vessel offences

Division 6—Serious vehicle and vessel offences 19AAB—Interpretation consumption in relation to a drug includes injection and any other form of administration; harm, physical harm and serious harm have the same meanings as in section 21; Registrar of Motor Vehicles has the same meaning as in the Road Traffic Act 1961. 19A—Causing death or harm by dangerous use of vehicle or vessel (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes the death of another, (i) for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years. (3) A person who— (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes harm to another, (a) where a motor vehicle or motor vessel was used in the commission of the offence and serious harm was caused to a person— (i) for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person— (i) for a first offence that is a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (c) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years. (5) In determining whether an offence is a first or subsequent offence for the purposes of this section a previous offence against— (a) this section; or (b) section 19AC; or (c) section 46 of the Road Traffic Act 1961; or (d) section 69A of the Harbors and Navigation Act 1993, for which the defendant has been convicted will be taken into account. (6) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (7) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (3) in respect of each person who suffers harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account). (8) Where at the trial of a person for an offence against this section it appears that the defendant was, or may have been, in a state of self-induced intoxication at the time of the alleged offence but the evidence adduced at the trial would, assuming that the defendant had been sober, be sufficient to establish the mental elements of the alleged offence, the mental elements of the alleged offence shall be deemed to have been established against the defendant. (9) For the purposes of subsection (8), intoxication shall be taken to be self-induced if it results from the voluntary consumption of alcohol or a drug (not being a drug supplied on the prescription of, and consumed in accordance with the directions of, a legally qualified medical practitioner). (10) It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence— (a) carrying out duties as an emergency worker; and (b) acting in accordance with the directions of his or her employing authority; and (c) acting reasonably in the circumstances as he or she believed them to be. (11) In this section— emergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section; employing authority means— (a) in relation to a police officer—the Commissioner of Police; or (b) in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person. 19AB—Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes the death of another; and (c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, (i) for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years. (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes physical harm to another; and (c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, (a) where a motor vehicle or motor vessel was used in the commission of the offence and the physical harm caused to a person amounts to serious harm— (i) for a first offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where a motor vehicle or motor vessel was used in the commission of the offence but the physical harm caused to any person does not amount to serious harm— (i) for a first offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for a subsequent offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (c) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 5 years. (3) For the purposes of subsection (1) and (2)— (a) a person fails to satisfy the statutory obligations of a driver of a vehicle in relation to an incident if the person commits an offence against section 43 of the Road Traffic Act 1961 in relation to the incident; and (b) a person fails to satisfy the statutory obligations of an operator of a vessel in relation to an incident if the person commits an offence against section 75 or 76 of the Harbors and Navigation Act 1993 in relation to the incident. (4) In determining whether an offence is a first or subsequent offence for the purposes of this section, all previous offences against this section or section 19A that involved the driving of a motor vehicle or operation of a motor vessel must be taken into account except that such an offence will not be taken to be a previous offence for the purposes of subsection (1), or an offence against subsection (2) in which serious harm was caused to a person, unless it resulted in the death of, or grievous bodily or serious harm to, the victim. (5) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (6) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers physical harm, in consequence of the same act or omission (but in determining whether an offence arising out of a particular act or omission is a first or subsequent offence for the purposes of this section, a conviction for an offence arising out of the same act or omission cannot be taken into account). 19ABA—Causing death or serious harm by careless use of vehicle or vessel (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes the death of another, (i) for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 3 years. (a) drives a vehicle or operates a vessel without due care or attention or without reasonable consideration for any person; and (b) by that conduct, causes serious harm to another, (i) for a basic offence—imprisonment for 5 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (ii) for an aggravated offence—imprisonment for 7 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 2 years. (3) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (4) A person is liable to be charged with and convicted of an offence against subsection (1) in respect of each person killed, and of an offence against subsection (2) in respect of each person who suffers serious harm, in consequence of the same act or omission. (5) It is a defence to a charge of an offence against this section for the defendant to prove that they were, at the time of the offence— (a) carrying out duties as an emergency worker; and (b) acting in accordance with the directions of their employing authority; and (c) acting reasonably in the circumstances as they believed them to be. (6) Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against this section as if a reference in any of those sections to an offence against that Act was a reference to the offence against this section. emergency worker has the same meaning as in section 19A; employing authority has the same meaning as in section 19A. 19AC—Dangerous driving to escape police pursuit etc (1) A person who, intending to— (a) escape pursuit by a police officer; or (b) cause a police officer to engage in a pursuit, drives a motor vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person is guilty of an offence. (b) for an aggravated offence—imprisonment for 5 years. (2) Where a court convicts a person of an offence against subsection (1) the following provisions apply: (a) the court must order that the person be disqualified from holding or obtaining a driver's licence for such period, being not less than 2 years, as the court thinks fit; (b) the disqualification prescribed by paragraph (a) may not be reduced or mitigated in any way or be substituted by any other penalty or sentence; (c) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification. (3) If a person is tried on a charge of an offence against section 29— (a) the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and (b) an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence. 19AD—Street racing (1) A person who participates in a street race, or in preparations for a proposed street race, is guilty of an offence. (a) for a first offence that is a basic offence—imprisonment for 3 years and disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders; (b) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 5 years and disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders. (2) For the purposes of this section, a person participates in a street race, or in preparations for a proposed street race, if the person— (a) drives a motor vehicle in the street race; or (b) promotes, or assists in the promotion of, the street race or proposed street race in any way; or (c) engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place. (3) However, subsection (1) does not apply to a street race that occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place. (4) Where a person is, on conviction of an offence against this section, disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (5) For the avoidance of doubt, a person may be found guilty of an offence against this section relating to a proposed street race whether or not the street race in fact took place. (6) In determining whether an offence is a first or subsequent offence for the purposes of this section— (a) a previous offence against section 45A, 46, 47 or 47B (other than a category 1 offence against that section) of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and (b) a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account. promote, in relation to a street race or proposed street race, includes— (a) organise or conduct the street race; or (b) offer an inducement to another person to participate in the street race; road and road‑related area have the same meaning as in the Road Traffic Act 1961; street race means any or all of the following when conducted on a road or a road‑related area: (a) a race between 2 or more motor vehicles (whether the race is a drag race or otherwise, and whether the race is over a predetermined or indeterminate course); (b) a trial to determine how quickly a motor vehicle can cover the distance between 2 points; (c) a competition between, or display involving, 2 or more motor vehicles consisting of or including the production of sustained wheel spin; (d) a trial of a motor vehicle's speed or performance, or of a driver's skill, but does not include conduct declared by the regulations not to be included within the ambit of this definition. (8) A regulation made for the purposes of the definition of street race may confer a discretionary power on the Attorney‑General, the Commissioner of Police or any other specified person or body. 19ADA—Extreme speed (1) A person who drives a motor vehicle at an extreme speed is guilty of an offence. (2) For the purposes of subsection (1), a person drives a motor vehicle at an extreme speed if— (a) the relevant speed limit is 60 kilometres an hour or less and the person drives the vehicle at a speed exceeding the relevant speed limit by 55 kilometres an hour or more; or (b) the relevant speed limit is more than 60 kilometres an hour and the person drives the vehicle at a speed exceeding the relevant speed limit by 80 kilometres an hour or more. (3) Subsection (1) does not apply to the driver of an emergency vehicle if— (a) in the circumstances— (i) the driver is taking reasonable care; and (ii) it is reasonable that the provision should not apply; and (b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm. (4) Subsection (3)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable— (a) not to display the light or sound the alarm; or (b) for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm. (5) If a court convicts a person of an offence against subsection (1), the following provisions apply: (a) the court must order that the person is disqualified from holding or obtaining a driver's licence for the following period: (i) for a first offence— (A) if the offence is a basic offence—such period, being not less than 2 years, as the court thinks fit; or (B) if the offence is an aggravated offence—such period, being not less than 5 years, as the court thinks fit; (ii) for a subsequent offence—such period, being not less than 5 years, as the court thinks fit; (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence; (c) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification. (6) If a person is tried on a charge of an offence against section 29— (a) the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and (b) an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence. (7) In determining whether an offence is a first or subsequent offence for the purposes of this section— (a) a previous offence against section 45A or 46 of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and (b) a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account. (8) This section is in addition to, and does not derogate from, any other provision relating to speed limits contained in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act or in any regulation, rule or by‑law made under the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act. (9) Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against subsection (1) as if a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (1). (10) In this section— emergency vehicle means a motor vehicle used by a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section; relevant speed limit, for a person who drives a motor vehicle, means a speed limit that applies to the driver under— (a) the Road Traffic Act 1961 (other than section 82 or 83); or (b) the Motor Vehicles Act 1959. 19AE—Commissioner of Police to impose immediate licence disqualification or suspension following certain charges (1) If a person is, after the commencement of this section, charged with an offence against section 19A, section 19AB or section 19ABA (in any case being an offence where a motor vehicle was used in the commission of the offence and where the offence caused the death of, or serious harm to, a person), the Commissioner of Police must, as soon as is reasonably practicable after the person is so charged and in accordance with any requirements set out in the regulations, give the person a notice of immediate licence disqualification or suspension. (1a) A notice of immediate licence disqualification or suspension under this section must— (a) contain the prescribed particulars; and (b) comply with any requirements specified by the regulations. (2) If a person is given a notice of immediate licence disqualification or suspension under this section— (a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the prescribed period; or (b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the prescribed period. (3) The Commissioner of Police must ensure that the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles. (4) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension. (5) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (4). (6) A court may, on the application of a person to whom a notice of immediate licence disqualification or suspension is given under this section, if the court is satisfied on the basis of evidence given on oath by or on behalf of the person that— (a) exceptional circumstances exist in relation to the person or the alleged offence such that it is, in all the circumstances, appropriate that an order be made under this subsection; and (b) the person does not pose a substantial risk to other members of the public if an order is made under this subsection, order that the disqualification of the person from holding or obtaining a driver's licence be removed, or the suspension of the person's driver's licence end, (as the case requires) on the date specified in the order. (7) The Crown is entitled to be heard on an application under subsection (6). (8) Without limiting the evidence that may be adduced by the Crown on the question of whether a person poses a substantial risk to members of the public, the Crown may, in relation to an application under subsection (6)— (a) evidence of previous offences relating to the applicant's use of a motor vehicle for which the applicant has been found guilty or that the applicant has expiated; or (b) adduce evidence of the alleged offence to which the notice of immediate licence disqualification or suspension under this section relates. (9) A court must, as soon as is reasonably practicable after an order is made under subsection (6) and in a manner and form determined by the Registrar of Motor Vehicles, notify the Registrar of Motor Vehicles of the terms of the order. (10) If— (a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and (b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and (c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, then— (d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and (e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose order that the period imposed be taken to have commenced on the day on which the licence disqualification or suspension commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification), and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled from the day on which the order of the court is made. (10a) If the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because— (a) the notice has been given to a particular person in error; or (b) the notice is defective; or (c) there is other proper cause for which the notice should not have been given, the Commissioner may withdraw the notice. (10b) A withdrawal referred to in subsection (10a) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner of Police, to the person to whom the notice of licence disqualification or suspension was given. (10c) The notice of withdrawal must specify the reason for withdrawal. (10d) If a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, give such a notice. (11) No compensation is payable by the Crown or the Commissioner of Police in respect of the exercise, or purported exercise, of powers under this section (however, nothing in this subsection protects the Commissioner of Police from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith). (12) This section is in addition to, and does not derogate from, the Road Traffic Act 1961 or any other Act or law. (13) For the purposes of this section, a reference to the charging of a person with an offence against section 19A, section 19AB or section 19ABA will be taken to include a reference to the laying of an information charging a person with such an offence (and the person will be taken to have been charged at the time the information is laid in court in accordance with the Criminal Procedure Act 1921). (14) In this section— prescribed period means the period— (a) commencing at the time that the person is given a notice of immediate licence disqualification or suspension under this section; and (b) finishing— (i) if a court makes an order under subsection (6)—on the date specified in that order; or (ii) if the person is found guilty of the offence to which the disqualification or suspension relates—at the time that the person is sentenced in relation to the offence; or (iii) if the person is acquitted of the offence, or the charge of the offence is withdrawn—at the time that person is so acquitted or the charge withdrawn (as the case requires). 19AF—Power of police to impose immediate licence disqualification or suspension for certain offences (1) If a police officer reasonably believes that a person has, after the commencement of this section, committed— (a) an offence against section 19A (being an offence where a motor vehicle was used in the commission of the offence); or (ab) an offence against section 19AB (being an offence where a motor vehicle was used in the commission of the offence); or (ac) an offence against section 19ABA (being an offence where a motor vehicle was used in the commission of the offence); or (b) an offence against section 19ADA(1), the police officer may give the person a notice of immediate licence disqualification or suspension. (1a) A notice of immediate licence disqualification or suspension under this section must— (a) contain the prescribed particulars; and (b) comply with any requirements specified by the regulations. (2) If a person is given a notice of immediate licence disqualification or suspension under this section— (a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the prescribed period; or (b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the prescribed period. (3) The Commissioner of Police must ensure that the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles. (4) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension. (5) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (4). (6) A court may, on the application of a person to whom a notice of immediate licence disqualification or suspension is given under this section, if the court is satisfied on the basis of evidence given on oath by or on behalf of the person that— (a) exceptional circumstances exist in relation to the person or the alleged offence such that it is, in all the circumstances, appropriate that an order be made under this subsection; and (b) the person does not pose a substantial risk to other members of the public if an order is made under this subsection, order that the disqualification of the person from holding or obtaining a driver's licence be removed, or the suspension of the person's driver's licence end, (as the case requires) on the date specified in the order. (7) The Crown is entitled to be heard on an application under subsection (6). (8) Without limiting the evidence that may be adduced by the Crown on the question of whether a person poses a substantial risk to members of the public, the Crown may, in relation to an application under subsection (6)— (a) adduce evidence of previous offences relating to the applicant's use of a motor vehicle for which the applicant has been found guilty or that the applicant has expiated; or (b) adduce evidence of the alleged offence to which the notice of immediate licence disqualification or suspension under this section relates. (9) The court must ensure that the prescribed particulars of an order under subsection (6) are forwarded to the Registrar of Motor Vehicles. (10) If a person is given a notice of immediate licence disqualification or suspension under this section and a determination is later made that the person should not be charged with an offence against section 19A, section 19AB, section 19ABA or section 19ADA(1), the Commissioner of Police must ensure that the person is given, or sent by post, written notice of that determination containing the information required by the regulations. (11) The Commissioner of Police must ensure that the prescribed particulars of a determination referred to in subsection (10) are forwarded to the Registrar of Motor Vehicles. (12) The laying of charges against a person is not prevented by a failure to comply with subsection (10) in relation to the person or by the making of a determination referred to in that subsection or the notification of such a determination. (13) If— (a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and (b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and (c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, then— (d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and (e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose order that the period imposed be taken to have commenced on the day on which the licence disqualification or suspension commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification), and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled from the day on which the order of the court is made. (13a) If the Commissioner of Police is satisfied that a notice of licence disqualification or suspension under this section should not have been given because— (a) the notice has been given to a particular person in error; or (b) the notice is defective; or (c) there is other proper cause for which the notice should not have been given, the Commissioner may authorise the withdrawal of the notice. (13b) A withdrawal referred to in subsection (13a) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner of Police, to the person to whom the notice of licence disqualification or suspension was given. (13c) The notice of withdrawal must specify the reason for withdrawal. (13d) If a notice of licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of licence disqualification or suspension to any person, authorise the giving of such a notice (provided that in the case of a notice relating to an offence against section 19ADA(1), the relevant period for the fresh notice must, if it is given to the same person as was given the withdrawn notice, be reduced by the period for which the withdrawn notice was (or purported to be) in operation). (14) No compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section (however, nothing in this subsection protects a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith). (15) This section is in addition to, and does not derogate from, the Road Traffic Act 1961 or any other Act or law. (16) For the purposes of this section, a reference to the charging of a person with an offence will be taken to include a reference to the laying of an information charging a person with such an offence (and the person will be taken to have been charged at the time the information is laid in court in accordance with the Criminal Procedure Act 1921). (17) For the purposes of this section, the prescribed period is a period that— (a) commences at the time the person is given a notice of immediate licence disqualification or suspension under this section; and (b) ends— (i) if the notice of immediate licence disqualification or suspension relates to an offence against section 19A, section 19AB or section 19ABA (in any case being an offence where a motor vehicle was used in the commission of the offence and where the offence caused the death of, or serious harm to, a person)— (A) if a court makes an order under subsection (6)—on the date specified in that order; or (B) if the person is charged with such an offence—at the time the person is issued a notice of immediate licence disqualification or suspension under section 19AE in relation to the charge; or (C) if a determination is made that the person should not be charged with such an offence—at the time the determination is made; or (ii) if the notice of immediate licence disqualification or suspension relates to any other offence against section 19A or section 19AB or an offence against section 19ADA(1)— (A) if a court makes an order under subsection (6)—on the date specified in that order; or (B) if a determination is made that the person should not be charged with an offence against section 19A, section 19AB or section 19ADA(1)—at the time the determination is made; or (C) if proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or (D) in any event—at the end of 12 months from the commencement of the prescribed period. 19B—Alternative verdicts (1) If at the trial of a person for murder or manslaughter the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 19A(1) or (3) or section 19ABA(1) or (2), the jury may bring in a verdict that the accused is guilty of that offence. (2) The following offences (which are listed in order of seriousness) are offences to which subsection (3) applies: (a) the offence constituted by section 19A(1); (b) the offence constituted by section 19A(3); (baa) the offence constituted by section 19ABA(1); (bab) the offence constituted by section 19ABA(2); (ba) the offence constituted by section 19ADA(1); (c) the offence constituted by section 46 of the Road Traffic Act 1961 or section 69A of the Harbors and Navigation Act 1993; (d) the offence constituted by section 45 of the Road Traffic Act 1961 or section 69 of the Harbors and Navigation Act 1993. (3) If at the trial of a person for an offence to which this subsection applies (being an offence mentioned in subsection (2)(a), (b), (baa), (bab) or (ba)) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of a less serious offence to which this subsection applies, the jury may bring in a verdict that the accused is guilty of that less serious offence. (4) If at the trial of a person for an offence against section 19A(1) or (3) that is alleged to be an aggravated offence committed in the course of attempting to escape pursuit by a police officer, the jury is not satisfied that the accused is guilty of the aggravated offence charged but is satisfied that the accused is guilty of an offence against section 19AC(1), the jury may bring in a verdict that the accused is guilty of an offence against section 19AC(1). (4a) If at the trial of a person for an offence against section 19A(1) or (3) that is alleged to be an aggravated offence committed whilst the person was driving a motor vehicle in a street race, the jury is not satisfied that the accused is guilty of the aggravated offence charged but is satisfied that the accused is guilty of an offence against section 19AD, the jury may bring in a verdict that the accused is guilty of an offence against section 19AD. (5) If at the trial of a person for an offence against section 19AC(1), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of— (a) an offence against section 46 of the Road Traffic Act 1961; or (b) an offence against section 45 of the Road Traffic Act 1961, the jury may bring in a verdict that the accused is guilty of the relevant offence against the Road Traffic Act 1961.