Attempt Definition

GLOSSARY

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What does Attempt mean?

An attempt may be prosecuted where the defendant has taken steps towards to committing an indictable offence, and those steps are more than merely preparatory to the commission of the offence.

The Criminal Attempts Act 1981 (CAA 1981), s 1 provides that 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; and 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. CAA 1981, s 3 of that Act notes that is a special regime and CAA 1981, s 6 confirms the offence of attempt at common law and any offence at common law of procuring materials for crime is abolished.

View the related checklists about Attempt

Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

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Attempt

A person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself consists of both a criminal act and a mental state. In each case it is a question of fact whether the accused has gone sufficiently far towards the full offence to have committed the act of the attempt. If the accused has passed the preparatory stage the offence of attempt has been committed and it is no defence that they then withdrew from committing the completed offence.Most attempts at committing criminal offences will be governed by section 1 of the Criminal Attempts Act 1981 (CAA 1981), although some statutory exceptions apply. These include:•burglary under section 9(1)(b) of the Theft Act 1968 (TA 1968), and•using a firearm to resist arrest under section 17 of the Firearms Act 1968 (FiA...

Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived]

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Discover our 2008 Practice Notes on Attempt

Re-measurement clause

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Dawn raid—panic sheet

Dawn raid—panic sheet 1. Immediate response Your first concerns should be contacting your lawyers, attending the premises, and assembling your Dawn Raid Response Team. Actions Contact the organisation’s legal advisor, whether in-house and/or external, and arrange for a lawyer to be physically present at all times during the raid and any interviews If not already on-site, immediately attend the premises and address the investigators Obtain any further information available in respect of what the investigators are actually seeking— ask to see the warrant/decision notice, or any other written documentation evidencing the investigator’s authority Identify any other premises which are being raided Verify the investigators’ authority and take a photocopy of their IDs Contact and assemble the Response Team 2. Preliminary assessment Your first instinct may be to tell affected individuals about the raid, but you need more information before you can decide whether this is necessary or desirable. Your initial focus should be on establishing the exact reason and scope of the raid and the investigators’ authority. Actions Review the...

Dive into our 358 Precedents related to Attempt

What types of offences under the Proceeds of Crime Act 2002 (POCA 2002) should lawyers (who are acting in the 'regulated sector' under POCA 2002) and buyers be aware of in M&A transactions? If any such offence is identified as part of the due diligence process, what action should be taken and can this impact the timing of the transaction?

What types of offences under the Proceeds of Crime Act 2002 (POCA 2002) should lawyers (who are acting in the 'regulated sector' under POCA 2002) and buyers be aware of in M&A transactions? If any such offence is identified as part of the due diligence process, what action should be taken and can this impact the timing of the transaction? Under the Proceeds of Crime Act 2002 (POCA 2002), money laundering is defined as: • concealing, disguising, converting, transferring or removing criminal property out of the jurisdiction • entering into or becoming concerned in an arrangement that facilitates the acquisition, retention, use or control of criminal property, and • acquiring, using or possessing criminal property Money laundering is further defined in the Terrorism Act 2000. It is an offence to enter into or become concerned in an arrangement that facilitates the retention or control by or on behalf of another person of terrorist property: • by concealment • by removal from the jurisdiction • by...

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing?

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing? Where the parties reach an agreement to settle a claim either judgment will be entered by consent or the parties will enter into a Tomlin Order by which the claim is stayed save for the purposes of enforcement of a schedule entered into between the parties. Simple cases in which one party agrees to pay money to the other will often be dealt with by a judgment. Tomlin Orders have the benefit of allowing the parties to agree to provisions which the court does not have the power to order. The court has a wide discretion to vary or revoke orders under CPR 3.1(7), though whilst the rule is broad and unfettered, considerations of finality meant that the discretion ought normally only to be exercised where there has been a material change of circumstances since the order was made, or where the facts on which the original decision were...

See the 357 Q&As about Attempt

Spain can’t enforce €855m oil spill award against insurers

Law360, London: Spain has failed in its latest attempt to enforce an €855m Spanish judgment against maritime insurers over a huge oil spill off its coast, as an appeals court found on 12 December 2024 that it was prevented from doing so by English arbitration.

Insurance & Reinsurance weekly highlights—12 December 2024

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GLOSSARY