Lecture 17 Criminal Attempts

Question 1

What is Section 1 (1) Criminal Attempts Act 1981?

Answer 1

• 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 full commission of the offence,
• they are guilty of attempting to commit the offence.

Question 2

What offences can you attempt and cant attempt.

Answer 2

You cant attempt a summary offence. You can attempt an either way offence or an indictable only.

The only exception to this would be Section 4 of the Road Traffic Act in relation to drink/ drug driving.

Question 3

If with intent to commit the offence?

Answer 3

For this offence, there must be the Mens Rea of guilty state of mind to commit the full offence.

Question 4

A persons does an act?

Answer 4

The mens rea must be coupled with a physical act (Actus Reus), but for an attempt, its important that we distinguish the point that the act must be more than merely preparatory.

Question 5

More than merely preparatory?

Answer 5

1. Whether there was any further act on the suspects part remaining to be done before the completion of the crime.
2. The offence attempt is complete if:
   - The offender does an act which is a step towards the commission of a specific crime
   - Is immediately and not remotely connected with the commission of it.
   - The doing of which cannot reasonably be regarded as having any other purpose than the commission of the specific crime.

Question 6

What is Section 1 (2) Criminal Attempts Act 1981?

Impossibility…

Answer 6

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…

Question 7

What is Section 1 (3) Criminal Attempts Act 1981?

Impossibility…

Answer 7

If a person carries out an act which is an attempt to do something which they believe to be an offence, but which is not an offence, then because of their intent they commit the attempted offence…