Page:Criminal Attempts Act 1981.pdf/6

4c. 47



(2) In any case in which a court may proceed to summary trial of an information charging a person with an offence and an information charging him with an offence under section 1 above of attempting to commit it or an attempt under a special statutory provision, the court may, without his consent, try the informations together.

(3) Where, in proceedings against a person for an offence under section 1 above, there is evidence sufficient in law to support a finding that he did an act falling within subsection (1) of that section, the question whether or not his act fell within that subsection is a question of fact.

(4) Where, in proceedings against a person for an attempt under a special statutory provision, there is evidence sufficient in law to support a finding that he did an act falling within subsection (3) of section 3 above, the question whether or not his act fell within that subsection is a question of fact.

(5) Subsection (1) above shall have effect—
 * (a) subject to section 37 of and Schedule 2 to the Sexual Offences Act 1956 (mode of trial of and penalties for attempts to commit certain offences under that Act) ; and
 * (b) notwithstanding anything—
 * (i) in section 32(1) (no limit to fine on conviction on indictment) of the Criminal Law Act 1977; or
 * (ii) in section 31(1) and (2) (maximum of six months’ imprisonment on summary conviction unless express provision made to the contrary) of the Magistrates’ Courts Act 1980.

Conspiracy

5.—(1) For subsection (1) of section 1 of the Criminal Law Act 1977 (definition of the offence of conspiracy) there shall be substituted the following subsection—
 * “(1) Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—
 * (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or