Attempting to commit an offence

s.1Criminal Attempts Act 1981

With intent to commit an indictable offence, doing an act that is more than merely preparatory to committing it.

Attempting to commit an offence · Criminal Attempts Act 1981, s.1Card 176 / 195

Points to prove

Intended to commit an offence to which s.1 applies
Did an act that was more than merely preparatory to the commission of that offence

More than merely preparatory – the defendant has gone beyond getting ready and has embarked on committing the offence itself (R v Gullefer 1990). If there is enough evidence, whether the act went that far is a question of fact for the jury (s.4(3)).
Intent – the defendant must intend to commit the full offence. Recklessness is not enough for the result. Attempted murder needs an intent to kill, and an intent to cause grievous bodily harm is not enough (R v Whybrow 1951).
Impossibility – s.1(2) and (3): a person can be guilty even if the offence was impossible to commit. They are judged on the facts as they believed them to be (R v Shivpuri 1986, House of Lords).
Offences that can be attempted – s.1(4): any offence that, if completed, would be triable as an indictable offence, including either-way offences. Low-value shoplifting can also be attempted (s.1(5)).

Cannot be attempted (s.1(4)): conspiracy; aiding, abetting, counselling or procuring; encouraging or assisting suicide; assisting an offender and concealing an offence (ss.4(1) and 5(1) Criminal Law Act 1967); and encouraging or assisting serious self-harm (s.184 Online Safety Act 2023).
Summary-only offences cannot be attempted under s.1, unless the offence itself includes an attempt, such as attempting to drive with excess alcohol.
An attempt is tried in the same way as the full offence. A magistrates’ court can try the full offence and the attempt together (s.4(2)).
Attempted murder carries a maximum, not a mandatory, life sentence.

Legislation: Criminal Attempts Act 1981, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: As for the offence attempted
Maximum penalty: The same as for the full offence (s.4(1)); life imprisonment for attempted murder or an attempt at any other offence with a sentence fixed by law
Last checked: 2 November 2026, against the current law on legislation.gov.uk

What are the points to prove for attempting to commit an offence?

1. Intended to commit an offence to which s.1 applies 2. Did an act that was more than merely preparatory to the commission of that offence

What is the maximum sentence for attempting to commit an offence?

The same as for the full offence (s.4(1)); life imprisonment for attempted murder or an attempt at any other offence with a sentence fixed by law.

Is attempting to commit an offence a summary, either-way or indictable offence?

It depends on the offence: as for the offence attempted.

What Act and section is attempting to commit an offence?

Attempting to commit an offence is an offence under the Criminal Attempts Act 1981, s.1.