Criminal Attempts Flashcards
What legislation covers criminal attempts?
The Criminal Attempts Act 1981
What offence does Section 9 of the Criminal Attempts Act 1981 cover?
Vehicle interference
What is a criminal attempt as per Section 1 of the Criminal Attempts Act 1971?
When a person intends to commit an indictable offence and does as act which is more than merely preparing to commit the offence
What are the four points to prove with criminal attempts?
- Suspect must intend to commit the offence
- Intended offence must be indictable / either way
- Suspect must do an act (ie not enough to simply think about it)
- The act must be more than merely preparatory (need to have actually embarked on the crime)
What type of offences does the criminal attempts act 1981 not apply to?
Summary only offences
What does Section 1 of the Criminal Attempts Act state?
If with intent to commit an indictable offence a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence
What does Section 4 of the Criminal Attempts Act 1981 say the penalties and trails are for criminal attempts?
If you attempt an offence the punishment and mode of trail (either way / indictable) will be as if you had committed the actual offence in full
What are some ways you could prove intent with respect to criminal attempts?
Talk / interview the suspect,
evidence from witnesses,
actions of the person before, during and after the event (eg being seen on CCTV going to the scene with equipment etc)
What is an indictable offence and what are some examples?
Indictable offences are those which may only be tried at crown court and carry a maximum penalty of over 6 months imprisonment.
Some examples are burglary, murder, rape.
What are some examples of summary only offences?
TDA (taking a conveyance), simple criminal damage (if damage is less than £5000), common assault
Could someone attempting a summary only offence like common assault be convicted under the criminal attempts act?
No. As it is a summary only offence and not indictable
Jessica jumps over the fence of a house into the back garden with the intention of burglarising the house. She is carrying a bag containing a screwdriver and gloves. Has Jessica committed an attempted burglary?
No. Jessica has merely prepared NOT attempted. Her actions aren’t more than merely preparatory.
Jessica has jumped the fence of a house and is looking through the back door, planning to burglar it. She has taken gloves out of her bag and a screwdriver. Has Jessica attempted to commit burglary?
No. She hasn’t attempted to commit it yet as she hasn’t attempted to break in. She has prepared to but the act must be more than preparing.
Jessica has jumped the fence of a house and has put gloves on, and forced a screwdriver into the back door attempting to open the back door, gain entry and burglar the house. She hears a noise from inside so runs off before getting inside. Has she attempted to commit burglary?
Yes. She has committed an attempted burglary as she has tried to gain entry. This is more than preparatory and she has embarked on the crime as she has tried to gain entry (even if she failed to do so).
What legislation covers interfering with a vehicle with the intention of carrying out a theft of a vehicle / anything in or on the vehicle?
Section 9 of the Criminal Attempts Act 1981
