PART I - ATTEMPTS ETC.

Attempt

1

Attempting to commit an offence.

(1) If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.

[F1(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if
this subsection applies to an act, what the person doing it had in view shall be treated
as an offence to which this section applies.
(1B) Subsection (1A) above applies to an act if—
(a) it is done in England and Wales; and
(b) it would fall within subsection (1) above as more than merely preparatory to the
commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in England and Wales.]

(2) A person may be guilty of attempting to commit an offence to which this section applies
even though the facts are such that the commission of the offence is impossible.
(3) 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 an 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 (1) above, he shall be regarded as having had an
intent to commit that offence.
(4) This section applies to any offence which, if it were completed, would be triable in
England and Wales as an indictable offence, other than—
(a) conspiracy (at common law or under section 1 of the M1Criminal Law Act 1977
or any other enactment);
(b) aiding, abetting, counselling, procuring or suborning the commission of an
offence;
(c) offences under section 4(1) (assisting offenders) or 5(1) (accepting or agreeing
to accept consideration for not disclosing information about an arrestable
offence) of the M2Criminal Law Act 1967.

PART 1
OFFENCES

2 Conduct ancillary to genocide etc.

(1) It shall be an offence for a person to engage in conduct ancillary to an act that constitutes —
an offence under section 1(1) of this Act ; or
an offence under this section.

(2) Subsection (1) above applies where the conduct in question consists of or includes an act committed outwith Scotland by a United Kingdom national or a United Kingdom resident.

(3) It shall be an offence for a person to engage in conduct ancillary to an act committed (or intended to be committed) outwith Scotland by a person other than a United Kingdom
national or a United Kingdom resident that, if the act were committed in Scotland (or were committed by a United Kingdom national or a United Kingdom resident), would constitute—
an offence under section 1(1) of this Act ; or
an offence under this section.

(4) Subsection (3) above applies where the conduct in question consists of or includes an act committed —
in Scotland ; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(5) The references in subsections (1) and (3) above to conduct ancillary to an act are to conduct that would constitute an ancillary offence in relation to that act if —
that conduct consisted of or included an act committed in Scotland ; and
that act were committed in Scotland.

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—
(c) attempting or conspiring to commit an offence,

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—
(c) attempting or conspiring to commit an offence,

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) ; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

PART II
ATTEMPTS

Attempting to commit an offence

3.—(1) If, with intent to commit an offence to which this Article applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.

(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this paragraph applies to an act, what the person doing it had in view shall be treated as an offence to which this Article applies.

(1B) Paragraph (1A) above applies to an act if—
(a) it is done in Northern Ireland ; and
(b) it would fall within paragraph (1) as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in Northern Ireland.

(2) A person may be guilty of attempting to commit an offence to which this Article applies even though the facts are such that the commission of the offence is impossible.

(3) In any case where—
(a) apart from this paragraph 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 he believed them to be, his intention would be so regarded,
then, for the purposes of paragraph (1), he shall be regarded as having had an intent to commit that offence.

(4) This Article applies to any offence which, if it were completed, would be triable in Northern Ireland, other than —
(a) conspiracy (at common law or under Article 9 or any other statutory provision) ;
(b) aiding, abetting, counselling, procuring or suborning the commission of an offence ;
(c) an offence under section 4 (1) (assisting offenders) of the Criminal Law Act (Northern Ireland) 1967F3 ;
(d) an offence under Article 8.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Meaning of “ancillary offence”
59.—(1) (c) attempting or conspiring to commit an offence, or

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Meaning of “ancillary offence”
59. (4) (a) the reference to an attempt is to conduct amounting to an offence of attempt, however expressed, under the law of the Territory, whether under any provision of that law or at common law; and