This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed guide to attempted crime under English law, explaining the Criminal Attempts Act 1981, the elements required to prove an attempt, examples such as attempted murder and theft, how cases are prosecuted and sentenced, and key legal issues to understand for both the public and solicitors.
An attempted crime occurs when a person takes deliberate action to commit a criminal offence but fails to complete it. The law treats certain attempts as criminal because they demonstrate clear intent to offend and pose a real risk to public safety and the administration of justice. In England and Wales, the law on attempted crime is set out primarily in the Criminal Attempts Act 1981, which defines when conduct crosses the line from planning a crime into committing an attempt. This article explains the legal framework, the elements prosecutors must prove, how attempted crimes are charged and punished, and key practical and procedural considerations.
Legal Definition: The Criminal Attempts Act 1981
The principal statute governing attempted crime in England and Wales is the Criminal Attempts Act 1981. Under section 1(1) of that Act, a person is guilty of attempting to commit an offence if they:
- Intend to commit a specific criminal offence; and
- Perform an act that goes beyond mere preparation towards committing that offence.
This definition means that mere thoughts or planning alone do not constitute an attempt. There must be a positive act that shows the person has moved closer to carrying out the full offence.
The Act also provides that a person can be guilty of an attempt even if it is factually impossible to commit the crime as long as the defendant genuinely believed they were acting towards committing an offence.
Key Elements of an Attempted Crime
1. Intent (Mens Rea)
Attempted crime requires specific intent to commit the full offence. General negligence or recklessness is not enough; the individual must intend to bring about the criminal result that defines the offence they were trying to commit.
For example, in the context of attempted murder, the prosecution must demonstrate that the suspect intended to kill the victim even though the victim did not die.
2. More Than Merely Preparatory (Actus Reus)
For an attempt charge, the act must be more than merely preparatory to the offence. This means that simple planning, acquiring tools, or making plans alone will not normally suffice. At some stage, the individual must have taken a clear step towards committing the crime itself. Courts assess whether the act shows that the person has moved beyond preparation into the execution phase of the intended crime.
What constitutes “more than merely preparatory” is a question of fact for the court. For instance, approaching a victim with a weapon can go beyond preparation, whereas researching how to commit a crime usually does not.
3. Impossibility Does Not Prevent an Attempt Charge
The Act clarifies that a person may be guilty of an attempted crime even if it was impossible to commit the underlying offence, provided that the defendant believed they were committing it. This might occur where factual circumstances make completion impossible - for example, attempting to pick an empty pocket.
4. Exclusions and Scope
Not all offences are subject to the general attempt rules. The Act mainly applies to indictable offences (serious criminal offences). It does not apply to conspiracy, aiding or abetting offences, or some statutory provisions dealing with assisting offenders.
Certain summary offences may only be attempted if there is an express statutory provision.
Examples of Attempted Crimes
Attempted offences can arise in many areas of law, including but not limited to:
- Attempted murder - where the defendant has the intention to kill and takes a substantial step towards doing so, but the victim survives.
- Attempted theft - where someone intends to steal property and takes steps beyond preparation but fails to complete the act.
- Attempted burglary - entering a property with intent and taking action beyond planning.
In each case, the prosecution must show that the defendant had the requisite intent and took actions that went beyond mere planning.
Investigation and Prosecution
Police and prosecutors assess evidence of attempted crime to decide whether there is a realistic prospect of conviction and whether prosecution is in the public interest. Evidence may include witness testimony, physical evidence, forensic analysis and communications that demonstrate intent and actions taken.
Attempted crimes are usually tried in the Crown Court given the serious nature of offences that fall under the Act, such as attempted murder or armed robbery.
Penalties and Sentencing
In general, the maximum penalty for an attempted crime is the same as the penalty for the substantive offence if it had been completed. Section 4 of the Criminal Attempts Act specifies that sentencing should align with the full offence's maximum sentence.
For example, attempted murder carries a maximum penalty of life imprisonment, matching the punishment for completed murder, though the actual sentence may vary based on sentencing guidelines and circumstances.
Sentencing guidelines require courts to consider factors such as:
- The seriousness of the conduct;
- Degree of harm threatened;
- The defendant's intent and culpability;
- Mitigating and aggravating factors relevant to the crime.
Procedural and Practical Issues
Burden of Proof
The prosecution must prove both the act beyond merely preparatory and the specific intent to commit the underlying offence beyond reasonable doubt.
Defences
Defences to attempt charges may include lack of intent, abandonment before committing acts beyond preparation, or demonstrating that actions did not cross the threshold into attempt. However, simply abandoning plans at a late stage typically does not negate liability unless the withdrawal was voluntary and complete before acts went beyond merely preparatory.
Time Limits
There are generally no specific additional time limits for attempting to prosecute an attempted crime beyond those that apply to the substantive offence, unless otherwise specified by statute.
Common Questions
Is planning a crime an offence?
No. Mere planning or thinking about committing a crime is not an attempted crime unless there are clear actions taken that go beyond these preparatory steps and demonstrate intent.
Can you be guilty of an attempt if the crime could not have happened?
Yes. Under the law, a person can be guilty of an attempted crime even if completion was impossible, so long as they believed they were committing the offence.
Does attempted crime carry the same sentence as the completed offence?
Often the maximum penalty is the same as for the completed offence, though actual sentences may be lower, depending on the facts and sentencing guidelines.
Key Takeaways
An attempted crime under the Criminal Attempts Act 1981 involves acting with intent to commit a specific offence and performing an act that is more than merely preparatory towards that crime. Attempted crimes are prosecuted even if the underlying offence does not occur, reflecting the law's aim to address dangerous conduct early. Successful prosecution requires proof of both intent and substantial action beyond preparation. Penalties for attempted offences can be as severe as those for completed offences, particularly for serious crimes such as attempted murder. Understanding these legal principles helps clarify how the justice system addresses preparatory criminal conduct and protects public safety by holding intent and conduct accountable.
