Attempts

Criminal Attempts and Conspiracy (NI) Order 1983

If, with intent to commit an offence to which this legislation applies, a person does an act that is more than merely preparatory to the commission of the offence, they are guilty of attempting to commit the offence. A person may be guilty of attempting to commit an offence even if the facts make the commission of the offence impossible.

A person is regarded as having an intent to commit an offence where their intention would not be regarded as having amounted to an intent to commit an offence, but if the facts of the case had been as they believed them to be, their intention would be so regarded.

This legislation applies to any offence that, if completed, would be triable in Northern Ireland, other than conspiracy, aiding, abetting, counselling, procuring, or suborning the commission of an offence; encouraging or assisting suicide; assisting offenders; joyriding offences.

Provisions generally in relation to the offence apply to the offence of attempting to commit that offence. This includes provisions dealing with where the proceedings may be instituted; conferring power to institute the proceedings; venue; time limits; conferring powers of arrest and search; conferring powers of seizure and detention; rules as to whether a person may not be convicted on corroborated evidence; powers of forfeiture; commission of the offence by a company.

In the case of other indictable offences, they are liable on conviction on indictment to any penalty for which they would have been liable on conviction on indictment for that offence. If the attempted offence is punishable either on conviction on indictment or summary conviction, they are liable on summary conviction to any penalty for which they would have been liable on summary conviction for that offence.

If the offence attempted is punishable only on summary conviction, they are liable on summary conviction to any penalty to which they would have been liable on conviction of that offence.

Where there is evidence sufficient in law to support a finding that they did the act in question, the question of whether or not the act is an attempt to do the act is a question of fact.

The common law offence of attempt is abolished and replaced by the statute. In the case of existing legislation, references are to be interpreted as references to the statutory offence and not the common law offence.