Page:Criminal Attempts Act 1981.pdf/5

Rh

Specific offences of attempt

3.—(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.

(2) For the purposes of this Act an attempt under a special statutory provision is an offence which—
 * (a) is created by an enactment other than section 1 above, including an enactment passed after this Act; and
 * (b) is 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.

(5) In any case where—
 * (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit the relevant full offence; but
 * (b) if the facts of the case had been as he believed them to be, his intention would be so regarded,

then, for the purposes of subsection (3) above, he shall be regarded as having had an intent to commit that offence.

(6) Subsections (2) to (5) above shall not have effect in relation to an act done before the commencement of this Act. Trial etc. of offences of attempt

4.—(1) A person guilty by virtue of section 1 above of attempting to commit an offence shall—
 * (a) if the offence attempted is murder or any other offence the sentence for which is fixed by law, be liable on conviction on indictment to imprisonment for life; and
 * (b) if the offence attempted is indictable but does not fall within paragraph (a) above, be liable on conviction on indictment to any penalty to which he would have been liable on conviction on indictment of that offence; and
 * (c) if the offence attempted is triable either way, be liable