Criminal Attempts Flashcards
Section 1 Criminal Attempts Act 1981: Definition
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely prepatory to the commission of the offence, he is guildy of attempting to commit the offence.
Section 1 Criminal Attempts Act 1981: Points to Prove
- Suspect must intent to commit the offence
- Must be an indictable offence
- Suspect must do an act
- Act must be more than merely prepatory
What type of offences can be attempted?
Indictable, including either-way offences
How far should a person go to demonstrate an attempted offence?
The act(s) must be more than merely preparatory. They did not just plan it, they were actively carrying out the offence.
Is a person still guilty of an offence under Section 1 Criminal Attempts Act 1981 if the commision of that offence is actually impossible?
ie. they have done an act, but the overall offence would not be possible
Yes, as long as they have done an act in the commission of the offence, even if the overall offence would be impossible
