Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780118404433
Total Pages : 292 pages
Book Rating : 4.4/5 (44 download)
Book Synopsis Conspiracy and attempts by : Great Britain: Law Commission
Download or read book Conspiracy and attempts written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2007-10-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conspiring to commit a crime is a criminal offence. Under the current law, when two or more persons plot a crime they can be arrested at the planning stage, regardless of whether the crime is ultimately committed. Attempting to commit a crime is also an offence, but only if the perpetrator commits an act which is a "more than merely preparatory" step towards the commission of the offence itself. This consultation paper examines these two areas of criminal law. With conspiracy, conviction is dependent on it being proved that the perpetrator actually knows that the crime will be committed. With criminal attempt the uncertain character of the law leaves too much doubt in cases where common sense suggests that the accused is guilty. The law's definition of "preparatory" has become too generous to the accused. The Commission puts forward 21 proposals for consultation (which closes on 31 January 2008). The proposals should be considered in light of the recommendations made in the Commission's 2006 report "Inchoate liability for assisting and encouraging crime" (Cm. 6878, Law Com. No. 300, ISBN 9780101687829).