Press Release

Tightening up the law on criminal conspiracy and attempt

10 October 2007

Conspiring to commit a crime is a criminal offence. Under the current law, when two or more persons plot a crime they can be arrested at the planning stage, regardless of whether the crime is ultimately committed.

Attempting to commit a crime is also an offence, but only if the perpetrator commits an act which is a “more than merely preparatory” step towards the commission of the offence itself.

In a consultation published today, the Law Commission looks carefully at both these areas of criminal law and finds them wanting.

Professor Jeremy Horder, the Commissioner leading the project, said:

"The law is littered with problems and the current solutions aren’t adequate.

"Take, for example, conspiracy. Conviction is dependent on it being proved that the perpetrator actually knows that the crime will be committed. This means that someone who agrees to bring a locked suitcase into this country realising that it probably contains drugs or guns cannot be convicted of conspiracy because he is unsure what is in the case.

"That cannot be right. In addition, it is currently impossible for a husband and wife (or for civil partners) to be guilty of conspiracy, however serious the crime, as they are treated as one person under the law.

"This ancient privilege for spouses should be abolished. "

With criminal attempt the uncertain character of the law leaves too much doubt in cases where common sense suggests that the accused is guilty. For example, in a recent case where a man entered a boys’ school armed with a rope, tape and a knife, his conviction for attempted kidnapping was quashed as it was held that his conduct was not “more than merely preparatory” towards the commission of that offence. The law’s definition of “preparatory” has become too generous to the accused.

Examples illustrating these and other problems are attached. Consultation on the Law Commission’s proposals to reform the current law will close on 31 January 2008.