Attempt

Attempt is a technical term in the criminal law of England and of Scotland, and is applied to any act done with the intention of committing a crime, and which can fairly be described as one of a series of acts which would constitute the crime, if uninterrupted and successful. It does not matter that the accused has decided not to proceed further with the commission of the crime. According to the rule of English law, every attempt to commit an offence is a misdemeanor, except that in a few cases—e.g. murder—the attempt is a felony. In Scotland, the law of attempt is unsatisfactory. Thus, attempts to steal or to commit fraud, and some other attempts, are, contrary to legal principle, held not to be indictable offences. In 1887 it was proposed to make all attempts indictable. It was also proposed, what has been the law of England since 1851, that under an indictment charging an offence the accused may be convicted of an attempt.