Criminal Attempts Act 1981

Rezumat

This Act codifies the law of criminal attempts in England and Wales. A person is guilty of attempting to commit an offence if, with intent to commit it, they do an act that is more than merely preparatory to the commission of the offence. The Act replaced the common law on attempts and resolved uncertainty about how far the defendant's actions had to go beyond preparation. It also addresses the question of impossibility — a person may be guilty of attempt even if the full offence was factually impossible.

Puncte cheie

• A person is guilty of attempt if they do an act 'more than merely preparatory' to the commission of the offence with intent to commit it (s.1(1))
• The question whether an act is more than merely preparatory is one of fact for the jury (s.4(3))
• A person may be guilty of attempt even though the facts are such that the commission of the full offence is impossible (s.1(2)–(3))
• Attempt carries the same maximum sentence as the full offence (except murder, where the maximum for attempt is life imprisonment)
• Only applies to indictable offences (not summary-only offences) (s.1(4))
• Abolished the common law offence of attempt (s.6)

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