# Inchoate offences: attempt, conspiracy, and assisting/encouraging

> **Key takeaway:** Attempt: CAA 1981 s.1 — more than preparatory + intent. Conspiracy: CLA 1977 s.1 agreement. Assisting/encouraging: SCA 2007 ss.44–46 (+ s.50 defence). Impossibility limited for attempts. Incitement abolished as common law.

- **Jurisdiction:** England & Wales
- **Practice area:** Criminal
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Criminal/inchoate-offences-overview
- **Keywords:** attempt, conspiracy, inchoate, Criminal Attempts Act 1981, Serious Crime Act 2007, encouraging or assisting, more than merely preparatory, Criminal Law Act 1977

## What is this about?

Inchoate liability criminalises steps towards crime before the full offence is completed. The main domestic tools are statutory attempt, statutory conspiracy, and the Serious Crime Act 2007 assisting/encouraging offences that replaced traditional incitement.

## What is the core rule?

Attempt (Criminal Attempts Act 1981 s.1): doing an act that is more than merely preparatory to the commission of an indictable offence, with intent to commit that offence. Conspiracy (Criminal Law Act 1977 s.1): agreement that a course of conduct will be pursued which, if carried out as intended, will necessarily amount to or involve an offence — with intention/knowledge requirements as to circumstances. Assisting or encouraging (Serious Crime Act 2007 Parts 2): intentionally encouraging or assisting an offence (ss.44–46 structure), with specified fault as to circumstances and consequences.

## What are the elements or test?

1. Attempt: more than merely preparatory act? Intent as to full offence?
2. Impossibility: factual impossibility generally no defence to attempt (CAA 1981 s.1(2)–(3))
3. Conspiracy: agreement between two or more; intention that offence be committed; excluded agreements?
4. SCA 2007: which section (44/45/46); fault as to circumstances; defence of acting reasonably (s.50)?
5. Relationship with secondary participation if the full offence occurs

## Which authorities matter?

- **Criminal Attempts Act 1981, s.1** — Statutory attempt: more than merely preparatory + intent.
- **Criminal Law Act 1977, s.1** — Statutory conspiracy framework.
- **Serious Crime Act 2007, ss.44–46, 50** — Assisting/encouraging offences replacing common-law incitement; reasonable conduct defence.
- **R v Geddes [1996] Crim LR 894; R v Campbell (1991) 93 Cr App R 350** — Illustrations of the 'more than merely preparatory' threshold for attempts.

## How does this apply in practice?

Common-law conspiracy to defraud remains available in some cases. Double inchoate and jurisdiction for cross-border agreements need specialist treatment. When the principal offence is completed, charging full offence plus secondary liability may be preferable to pure inchoate counts.

## What are common pitfalls?

- Charging attempt for summary-only offences outside the Act's scope
- Treating preparation/planning as automatically 'more than merely preparatory'
- Using abolished common-law incitement instead of SCA 2007
- Conspiracy particulars that do not identify the agreed offence clearly

## When would a practitioner use this?

Early intervention prosecutions, undercover operations charging, and multi-handed agreement cases.

## Quick reference

Attempt: CAA 1981 s.1 — more than preparatory + intent. Conspiracy: CLA 1977 s.1 agreement. Assisting/encouraging: SCA 2007 ss.44–46 (+ s.50 defence). Impossibility limited for attempts. Incitement abolished as common law.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*