Preliminary Offences | OCR A-Level Law (H418)
Preliminary Offences
- 33 questions
- 2 subtopics
- Component 1: The legal system and criminal law
- Component 1
Liability that arises before the full offence is carried out..
It covers attempts and impossibility and attempt.
Sample questions from Preliminary Offences
Answer each one closed book first, then open the answer.
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Attempts
Who decides whether an act is more than merely preparatory in a criminal trial?
Show the answer
It is a question of fact for the jury, once the judge determines there is sufficient evidence to leave the issue to them. -
Attempts
Can conditional intent satisfy the mens rea requirement for attempt?
Show the answer
Yes; conditional intent can satisfy the mens rea of attempt, for example where the defendant intends to steal if there is something worth stealing. -
Impossibility and attempt
Can a defendant rely on factual impossibility as a defence to a charge of attempt?
Show the answer
No, factual impossibility is not a defence to attempt — the defendant can still be convicted. -
Impossibility and attempt
Define factual impossibility in the context of attempt.
Show the answer
Factual impossibility occurs when the defendant attempts to commit a crime but the crime cannot be completed due to circumstances unknown to the defendant.
The 2 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Attempts | Recall questions on the offence of attempt under section 1(1) of the Criminal Attempts Act 1981, the more than merely preparatory test and the roles of judge and jury, conditional intent, and why attempt requires intention as to consequences so that recklessness is not enough. | 15 |
| Impossibility and attempt | Recall questions on factual and legal impossibility in criminal attempts with worked examples, the Criminal Attempts Act 1981 rule that impossibility is no bar to conviction, R v Shivpuri, and why there is no attempt where the act believed criminal is not an offence at all. | 18 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.