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The Actus Reus of a Criminal Attempt Liability for criminal attempts is generally covered by s 1(1) of the Criminal Attempts Act 19811, which provides: "If with intent to commit an offence to which the 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." Under this provision, a person can be convicted of attempting to commit any offence, which is either indictable or triable either way, but one cannot be convicted for attempting a summary offence.2 In this situation, Parliament may decide that this gap must be filled by a specific statutory attempt.3 The actus reus of a criminal attempt is defined by s 1(1) of the CAA 1981, which requires the accused to have committed an act which is 'more than merely preparatory' to the offence committed.4 Where trial is on indictment, the judge...

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