Welcome to Preliminary Offences!
Ever wondered if someone can be arrested for a crime they haven't actually finished yet? The answer is yes! In this chapter, we are looking at Preliminary Offences (sometimes called "Inchoate" offences). These are crimes where the person is caught in the middle of trying to do something illegal.
Don't worry if this seems a bit "backwards" at first. We usually study what happens when a crime is completed. Today, we are looking at the attempt to commit a crime. It’s a vital part of the law because it allows the police to step in before someone actually gets hurt or loses their property.
1. What is a Criminal Attempt?
The main law you need to know is the Criminal Attempts Act 1981. This Act explains exactly when a person moves from just "thinking about a crime" to actually "attempting" it.
The Actus Reus (The Action)
The Actus Reus of an attempt is defined as doing an act that is "more than merely preparatory" to the commission of the offence.
Think of it like a timeline:
1. Thinking about a crime (Not a crime yet)
2. Preparing for the crime (Buying a mask, scouting a house - usually not an attempt yet)
3. The Point of No Return (This is where "more than merely preparatory" begins!)
4. Completing the crime.
Analogy: The Race Track
Imagine a 100-meter sprint.
- Tying your shoelaces is preparatory.
- Standing at the start line is preparatory.
- Once you have actually started running down the track toward the finish line, you are attempting the race. You have moved past just "getting ready."
Quick Review Box:
To prove the Actus Reus, the prosecution must show the defendant was actually trying to commit the full crime, not just getting their tools ready.
The Mens Rea (The Mental State)
This is where students often get tripped up! For a criminal attempt, the Mens Rea is an intent to commit the full offence.
Even if the full crime only requires "recklessness" (like some types of criminal damage), an attempt always requires specific intent. You must mean to do it.
The "Attempted Murder" Trap:
For a full Murder charge, the Mens Rea is an "intent to kill" OR an "intent to cause GBH (serious harm)."
However, for Attempted Murder, you MUST have an intent to kill. If you only intended to hurt someone badly, you cannot be guilty of attempted murder—you would be charged with a different offence instead!
Key Takeaway:
To be guilty of an attempt, you must have started the crime (more than merely preparatory) and you must intend to finish it exactly as planned.
2. Impossibility: When Things Go Wrong
What happens if someone tries to commit a crime, but it's actually impossible for them to succeed? Can they still be guilty? Under the Criminal Attempts Act 1981, the answer is usually yes.
Factual Impossibility
This is when the defendant tries to commit a crime, but because of a physical fact, it can't happen.
Example: A person reaches into a pocket to steal a wallet, but the pocket is empty.
Even though it was "impossible" to steal anything, they are still guilty of Attempted Theft because they intended to steal and did an act that was more than merely preparatory.
Did you know?
There is a famous case (R v Shivpuri) where a man thought he was smuggling illegal drugs. It turned out the "drugs" were actually just harmless vegetable powder! Even though it was impossible to smuggle drugs that weren't there, he was found guilty of attempting to smuggle drugs because that was his intent.
Legal Impossibility
This is a bit different. This is when someone does something they believe is a crime, but the law actually says it isn't.
Example: Someone thinks it is a crime to dance in public on a Tuesday. They go out and dance, hoping to be a rebel.
Since dancing on a Tuesday isn't actually a crime, they cannot be guilty of an "attempt." You can't attempt to break a law that doesn't exist!
Memory Aid: The "Empty Pocket" Rule
If you're trying to do something that is a crime, but you fail because of bad luck or bad facts (like an empty pocket), you are still guilty of an attempt.
3. Common Mistakes to Avoid
Mistake 1: Confusing "Preparatory" with "Attempt."
If a defendant is caught just buying a gun, that is usually "merely preparatory." If they are caught pointing the gun at the victim with their finger on the trigger, that is an "attempt." Always look for how close they got to the "end" of the crime.
Mistake 2: Using Recklessness for Mens Rea.
Remember, for attempts, you almost always need Direct Intention. Recklessness is not enough for an attempt under the 1981 Act.
Mistake 3: Thinking Impossibility is a Defence.
Students often think that if the crime couldn't have worked (like the vegetable powder case), the person is innocent. In modern English Law, factual impossibility is NOT a defence for attempts.
4. Chapter Summary
Preliminary Offences Checklist:
- Source: Criminal Attempts Act 1981.
- Actus Reus: An act that is "more than merely preparatory."
- Mens Rea: Intent to commit the full offence (Specific Intent).
- Impossibility: Factual impossibility (like an empty pocket) does not stop someone from being guilty of an attempt.
Keep practicing with scenarios! The more you look at whether an action was "just getting ready" or "starting the crime," the easier this chapter will become. You've got this!