PART IAttempts etc.

Attempt

1Attempting 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.

(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.