ABSTRACT

This chapter provides the law on attempts, conspiracy and on assisting or encouraging crime. It analyses the rules on inchoate liability. Inchoate offences are designed to allow for liability to be imposed on those who have taken some steps towards the commission of an offence. It allows the police to intervene at an early stage and make arrests before a substantive crime has occurred, thus making a significant contribution towards public safety. The point at which defendant (D) can be regarded as having committed an attempt has troubled courts in England for many years. Moreover, in a modern democracy where freedom of expression is protected by law the criminal law must strike the appropriate balance between the individual's right to free speech and society's interest in ensuring that those who make agreements with or encourage others to commit crimes are punished.