Why
D is right. Section 1 of the Criminal Attempts Act 1981 applies to any offence which, if it were completed, would be triable in England and Wales as an indictable offence, other than the offences listed in s.1(4)(a) to (d). “Indictable” includes offences triable either way (Interpretation Act 1978, Sch 1). Theft is triable either way, so BAKER can be charged with attempted theft.
A is wrong: aiding, abetting, counselling, procuring or suborning the commission of an offence is excluded by s.1(4)(b).
B is wrong: conspiracy, whether at common law or under the Criminal Law Act 1977, is excluded by s.1(4)(a).
C is wrong: taking a conveyance without consent (Theft Act 1968, s.12(1)) is triable only summarily (s.12(2)), so it is not an offence to which s.1 applies. FINCH’s conduct may instead be vehicle interference (Criminal Attempts Act 1981, s.9) if he interfered with the car.
The other exclusions in s.1(4) are encouraging or assisting suicide, encouraging or assisting serious self-harm, and the offences in ss.4(1) and 5(1) of the Criminal Law Act 1967 (assisting offenders, and accepting or agreeing to accept consideration for not disclosing information about a relevant offence).