Criminal Attempts Act 1981
| Jurisdiction | UK Non-devolved |
(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 commission of the offence, he is guilty of attempting to commit the offence.(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law) , if this subsection applies to an act, what the person doing it had in view shall be treated as an offence to which this section applies.it is done in England and Wales; andit would fall within subsection (1) above as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in England and Wales.(2) A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.apart from this subsection a person’s intention would not be regarded as having amounted to an intent to commit an offence; butif the facts of the case had been as he believed them to be, his intention would be so regarded,conspiracy (at common law or under section 1 of the aiding, abetting, counselling, procuring or suborning the commission of an offence;an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide) ;offences under section 4(1) (assisting offenders) or 5(1) (accepting or agreeing to accept consideration for not disclosing information about an arrestable offence) of the (5) This section also applies to low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980) .(1) If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.it is done in England and Wales, andit would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.(3) In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.(4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law) .(5) Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.(1) Any provision to which this section applies shall have effect with respect to an offence under section 1 above of attempting to commit an offence as it has effect with respect to the offence attempted.provisions whereby proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provisions which also make other exceptions to the prohibition) ;provisions conferring power to institute proceedings;provisions as to the venue of proceedings;provisions whereby proceedings may not be instituted after the expiration of a time limit;provisions conferring a power of arrest or search;provisions conferring a power of seizure and detention of property;provisions whereby a person may not be convicted F8or committed for trial on the uncorroborated evidence of one witness (including any provision requiring the evidence of not less than two credible witnesses) ;provisions whereby, if an offence committed by a body corporate is proved to have been committed with the consent or connivance of another person, that person also is guilty of the offence.(1) Subsections (2) to (5) below shall have effect, subject to subsection (6) below and to any inconsistent provision in any other enactment, for the purpose of determining whether a person is guilty of an attempt under a special statutory provision.is created by an enactment other than section 1 above, including an enactment passed after this Act; andis expressed as an offence of attempting to commit another offence (in this section referred to as “the relevant full offence”) .(3) A person is guilty of an attempt under a special statutory provision if, with intent to commit the relevant full offence, he does an act which is more than merely preparatory to the commission of that offence.(4) A person may be guilty of an attempt under a special statutory provision even though the facts are such that the commission of the relevant full offence is impossible.apart from this subsection a person’s intention would not be regarded as having amounted to an intent to commit the relevant full offence; butif the facts of the case had been as he believed them to be, his intention would be so regarded,(6) Subsections (2) to (5) above shall not have effect in relation to an act done before the commencement of
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