Criminal Attempts Act 1981
Encyclopedia
The Criminal Attempts Act 1981 (c 47) is an Act
of the Parliament
of the United Kingdom
. It applies to England and Wales
and creates criminal offences pertaining to attempt
ing to commit crimes. It abolished the common law
offence of attempt.
Section 1 applies to any indictable offence
triable in England and Wales, except conspiracy
, aiding and abetting
, and offences under sections 4 and 5 of the Criminal Law Act 1967
(which deal with assisting offenders and concealing information about crimes).
Section 1(2) reads:
Section 1(3) states that a person is to be judged according to what the defendant thought the facts of the case were at the time of the attempt, rather than what the facts really were, in the event that the defendant was mistaken about what was happening.
Section 2 states that rules regarding time limits for prosecuting, powers of arrest and search, and so on, are the same for offences of attempting to commit an offence as they are for the offence attempted.
Section 3 provides that where another Act creates an offence of attempting to commit an offence under that Act, similar rules apply to that offence as the rules in section 1 (unless the other Act specifically says otherwise).
Section 4 generally sets the penalties for attempting to commit an offence as the same as the offence attempted. The only exception today is murder
, which carries a mandatory sentence
of life imprisonment, whereas section 4 makes the sentence for attempted murder discretionary (up to a maximum of life imprisonment).
Historically, offences under the Sexual Offences Act 1956
(repealed in 2004) were exempt from section 4, and attempts to commit sexual offences sometimes carried lower sentences than the completed offence. For example, rape
was punishable with life imprisonment, but attempted rape carried a maximum of 7 years, until the 1956 Act was amended by the Sexual Offences Act 1985
.
.
Section 9 creates a summary offence
called "vehicle interference." This is committed by interfering with a motor vehicle
or trailer, or anything in the vehicle or trailer, with intent to steal it or anything in it. It carries a maximum sentence of 3 months.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It applies to England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and creates criminal offences pertaining to attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
ing to commit crimes. It abolished the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offence of attempt.
Attempting to commit an offence
Section 1(1) of the Act creates the offence of attempt:Section 1 applies to any indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
triable in England and Wales, except conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
, and offences under sections 4 and 5 of the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
(which deal with assisting offenders and concealing information about crimes).
Section 1(2) reads:
Section 1(3) states that a person is to be judged according to what the defendant thought the facts of the case were at the time of the attempt, rather than what the facts really were, in the event that the defendant was mistaken about what was happening.
Section 2 states that rules regarding time limits for prosecuting, powers of arrest and search, and so on, are the same for offences of attempting to commit an offence as they are for the offence attempted.
Section 3 provides that where another Act creates an offence of attempting to commit an offence under that Act, similar rules apply to that offence as the rules in section 1 (unless the other Act specifically says otherwise).
Section 4 generally sets the penalties for attempting to commit an offence as the same as the offence attempted. The only exception today is murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, which carries a mandatory sentence
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
of life imprisonment, whereas section 4 makes the sentence for attempted murder discretionary (up to a maximum of life imprisonment).
Historically, offences under the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...
(repealed in 2004) were exempt from section 4, and attempts to commit sexual offences sometimes carried lower sentences than the completed offence. For example, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
was punishable with life imprisonment, but attempted rape carried a maximum of 7 years, until the 1956 Act was amended by the Sexual Offences Act 1985
Sexual Offences Act 1985
The Sexual Offences Act 1985 was an Act of the Parliament of the United Kingdom that created two offences concerning prostitution, and increased the maximum sentence for attempted rape from 7 years to life imprisonment....
.
Other offences
The Act abolished the offence of "loitering with intent" under the Vagrancy Act 1824Vagrancy Act 1824
The Vagrancy Act 1824 is an Act of Parliament of the United Kingdom. It was introduced in 1824 as a measure to deal with specific problems in England following the Napoleonic Wars...
.
Section 9 creates a summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
called "vehicle interference." This is committed by interfering with a motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
or trailer, or anything in the vehicle or trailer, with intent to steal it or anything in it. It carries a maximum sentence of 3 months.