Criminal Attempts

Question 1

For what offences does Criminal Attempts apply to?

Answer 1

Indictable (and either way) offences

NOT summary offences

Question 2

S.1(1) 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, he is guilty of attempting to commit the offence.

(Basically, someone attempts a crime)

Question 3

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, he is guilty of attempting to commit the offence.

Answer 3

S.1(1) Criminal Attempts Act 1981

Question 4

Differences between preparing and attempting?

Answer 4

“Attempting” actions for a crime are any actions immediately before the crime (think less than 1 second or no take backs before actually committing the crime)

Question 5

How to prove intent?

Answer 5

Intent (or mens rea) can be proved through interviews (admission, answers to questions about their actions) and circumstances (evidence from witnesses, articles, defendant’s actions)

Question 6

Does the offence have to be possible to attempt it?

Answer 6

Even if the offence is impossible, if they had mens rea, then they still can be trialled for attempt of a crime.

Question 7

At what point is a crime attempted?

Answer 7

Determined by a jury, no guidelines offered in the law.

Question 8

Sentencing for Criminal Attempt

Answer 8

The attempt carries the same penalty as the substantive offence