It would be wrong to hold that the express intention of Parliament when enacting the Criminal Law Act 1967 s.6(3), which enabled juries to return alternative verdicts on lesser charges when the facts fell short of proof of the greater offence, should be thwarted by the Sexual Offences Act 1956 Sch.2 para.10, which concerned the commencement of proceedings for a different offence than the one that was the subject of the alternative verdict.

[2005] EWCA Crim 2909

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