Criminal Attempts

Question 1

Describe the points to prove relating to a Criminal Attempt offence

Answer 1

Intent
Offence to which this section applies
More than merely preparatory
attempting
commit the offence

Question 2

Define S1 Criminal Attempts Act 1981

Answer 2

If with intent
to commit an offence
to which this section applies

a person does an act
which is more than merely preparatory
to the commission of
the offence

they are guilty of attempting to commit the offence.

Question 3

What does ‘Offence to which this section applies’ include?

Answer 3

Indictable
Triable Either Way

Question 4

What does it not include?

Answer 4

Summary Offences

Question 5

What must a person have to be guilty of an attempt?

Answer 5

They must have more than an intention.
They must demonstrate a guilty intent by carrying out actions which are more than just preparing to commit the full offence.

Question 6

Explain more than merely preparatory.

Answer 6

A persons actions must be
shown to have gone beyond
mere preparation
towards the commission of the offence

This would be what the court considers the final step before the full offence is committed.

Question 7

What is S1(2) of the Criminal Attempts Act 1981?

Answer 7

Makes it possible for a person to attempt the Impossible.

Question 8

Define S1(2) Criminal Attempts Act 1981

Answer 8

A person may be guilty of
attempting to commit
an offence even though
the facts are such
that the commission of the offence
is impossible.