LPG Section 1 Criminal Attempts Act 1981

Transcription

1 LPG Section 1 Criminal Attempts Act 1981 Student Notes Version 1.06

2 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home Office forces in England and Wales. NPIA (National Policing Improvement Agency) September 2010 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the NPIA or its representative. The above restrictions do not apply to police service authorities, which are authorised to use this material for official, non-profit making purposes only. For additional copies, or to enquire about the content of the document, please contact the Initial Learning Design Team on +44 (0) For copyright specific enquiries, please telephone the National Police Library on +44 (0) The NPIA aims to provide fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats. This documentation is not protectively marked. 2

3 Learning Outcomes When you have successfully completed these student notes, you will be able to: 1. Explain and give examples of Section 1(1) Criminal Attempts Act 1981 Key to Graphics The pencil indicates an exercise or knowledge check for you to complete. The microscope tells you when there is a topic that may require a closer look or further research or reading. The exclamation mark highlights an area that you need to pay close attention to. 3

4 Table of Contents Learning Outcomes... 3 Key to Graphics... 3 Introduction... 5 Definition of Offence:... 5 Criminal Intent... 6 Triable on Indictment:... 7 Statutory Attempts:... 7 The Impossibility Rule:... 8 Police Powers:... 8 Knowledge Check... 9 Knowledge Check Answers

5 Introduction In this section we will be looking at the offences committed where a person does an act which falls short of committing the full offence. Consider the following example, in which a witness describes to you an incident she has just seen: A man is standing near a jeweller s shop for five to ten minutes holding a small bag. He has been looking around furtively. He puts the bag down and takes out a lump hammer. Moving quickly he turns and beats on the jeweller s window close to a display of expensive rings. Someone calls out and the man runs off. He has not broken into the shop. What offence has been committed? You could certainly consider going equipped, but it is more to the point to ask, what was the man attempting to do? Most people would say he was trying to steal from the jewellers. If he had not been interrupted, that is probably what would have happened. He had been attempting to commit burglary. Definition of Offence: Section 1(1) of the Criminal Attempts Act 1981 states: if, with intent to commit an offence triable on indictment a person does an act which is more than merely preparatory to the commission of the offence 5

6 they are guilty of attempting to commit the offence Section 1(1) clearly sets out the need for the police to distinguish between an act that is only preparatory and an act that amounts to an attempt to commit an offence. To help the court to draw the distinction, the police will have to show evidence that the act was immediately, and not remotely, connected with the commission of the crime. In the example we have already used, the man would not be attempting to commit the burglary when he stood outside the shop. He would not be attempting the burglary when he stood there with the hammer in his hand. But when he starts to break the window with the hammer then that is an act immediately, and not remotely, connected with the crime of burglary. Criminal Intent The Criminal Attempts Act 1981 explains in more detail. Here is an example: Imagine if a person bought a video recorder, believing it to be stolen goods, when in fact the video was not stolen. If the video was stolen goods then this person would commit the offence of handling stolen goods. But what is the offence, if any, if the goods are not stolen? The person s intent was to handle stolen goods. The Act would make such an intent an offence. Section 1(3)states: In any case where : apart from this sub-section a person s intention would not be regarded as having amounted to an intent to commit an offence; but 6

7 (b)if the facts of the case had been as they believed them to be, their intention would be so regarded, then for the purpose of sub-section (1) above, they shall be regarded as having had an intent to commit that offence. Triable on Indictment: Some offences can be tried summarily only (at a magistrates court), or on indictment (at a crown court). Some offences are triable either way The effect of this wording is that it is not possible to commit the offence of attempting to commit an offence that is triable summarily only. Examples of summary only offences are: Depositing litter Using a vehicle without a test certificate Taking a vehicle without the owner s consent Obstructing the highway Driving whilst disqualified Statutory Attempts: Some Acts create a specific offence of Attempt. An example of such an offence is: Driving or attempting to drive a motor vehicle with alcohol concentration over the prescribed limit. This is an offence under Section 5 of the Road Traffic Act This is known as a statutory attempt. The Criminal Attempts Act 1981 states that where such statutory 7

8 attempts exist, attempt should be as defined by the 1981 Act. The Impossibility Rule: To return to the man outside the jeweller s shop. He is beating on the window with his hammer, unaware that the glass is toughened and it is impossible to break it that way. Does he still commit the offence of attempted burglary? This situation is covered by Section 1(2) of the Act. The key fact is the intent of the offender. A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible. (This is sometimes referred to as The Impossibility Rule ). Police Powers: If full offence has power of arrest then so does the attempt A person convicted of attempting to commit an offence shall be liable to the penalty of the full offence. Therefore, if the full offence is an indictable offence or a triable either way offence then the attempt is accordingly indictable or triable either way. In these circumstances there is: Power of arrest without warrant Constable/other persons. Summary offences cannot be attempted under the Criminal Attempts Act. Certain attempted offences are catered for in other legislation e.g. Section 4 and 5 of the Road Traffic Act Offences relating to attempting to drive whilst unfit or above the prescribed limit. 8

9 Knowledge Check 1. State the definition provided by s1 (1) Criminal Attempts Act What is the importance of intent in proving this offence? 3. Describe examples of acts that are more than merely preparatory within the meaning of this Act. 4. What type of offences can be attempted? 9

10 5. Explain the Impossibility Rule as it applies to Criminal Attempts. 6. State the powers to deal with an act that constitutes a Criminal Attempt. 10

11 Knowledge Check Answers 1. State the definition provided by s1 (1) Criminal Attempts Act Section 1(1) of the Criminal Attempts Act 1981 states: if, with intent to commit an offence triable on indictment a person does an act which is more than merely preparatory to the commission of the offence they are guilty of attempting to commit the offence 2. What is the importance of intent in proving this offence? Imagine if a person bought a video recorder, believing it to be stolen goods, when in fact the video was not stolen. If the video was stolen goods then this person would commit the offence of handling stolen goods. But what is the offence, if any, if the goods are not stolen? The person s intent was to handle stolen goods. The Act would make such an intent an offence. Section 1(3)states: In any case where : apart from this sub-section a person s intention would not be regarded as having amounted to an intent to commit an offence; but (b) if the facts of the case had been as they believed them to be, their intention would be so regarded, then for the purpose of sub-section (1) above, they shall be regarded as having had an intent to commit that offence. 3. Describe examples of acts that are more than merely preparatory within the meaning of this Act. 11

12 Section 1(1) clearly sets out the need for the police to distinguish between an act that is only preparatory and an act that amounts to an attempt to commit an offence. To help the court to draw the distinction, the police will have to show evidence that the act was immediately, and not remotely, connected with the commission of the crime. 4. What type of offences can be attempted? Some offences can be tried summarily only (at a magistrates court), or on indictment (at a crown court). Some offences are triable either way The effect of this wording is that it is not possible to commit the offence of attempting to commit an offence that is triable summarily only. Some Acts create a specific offence of Attempt. An example of such an offence is driving or attempting to drive a motor vehicle with alcohol concentration over the prescribed limit. This is an offence under Section 5 of the Road Traffic Act This is known as a statutory attempt. 5. Explain the Impossibility Rule as it applies to Criminal Attempts. A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible. 12

13 6. State the powers to deal with an act that constitutes a Criminal Attempt. A person convicted of attempting to commit an offence shall be liable to the penalty of the full offence. Therefore, if the full offence is an indictable offence or a triable either way offence then the attempt is accordingly indictable or triable either way. In these circumstances there is: Power of arrest without warrant Constable/other persons. 13