Criminal Attempts Act 1981
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Change 1
7 Amendments consequential on Part I.
(1) The following subsection shall be inserted after subsection (2) of section 70 of the Army Act 1955 , section 70 of the Air Force Act 1955 and section 42 of the Naval Discipline Act 1957 (all of which relate to civil offences)— (2A) For the purpose of determining under this section whether an attempt to commit an offence is a civil offence, subsection (4) of section 1 of the Criminal Attempts Act 1981 (which relates to the offence of attempt) shall have effect as if for the words “offence which, if it were completed, would be triable in England and Wales as an indictable offence” there were substituted the words “civil offence consisting of an act punishable by the law of England and Wales as an indictable offence or an act which, if committed in England or Wales, would be so punishable by that law”. (2) In paragraph 3(1) of Part II of Schedule 6 to the Firearms Act 1968, the reference to an offence triable either way listed in Schedule 1 to the Magistrates’ Courts Act 1980 includes a reference to an offence under section 1 above of attempting to commit the offence so listed. (3) In section 12(1)(a) of the Misuse of Drugs Act 1971 the reference to an offence under that Act includes a reference to an offence under section 1 above of attempting to commit such an offence.
7 Amendments consequential on Part I.
(1) The following subsection shall be inserted after subsection (2) of section 70 of the Army Act 1955 , section 70 of the Air Force Act 1955 and section 42 of the Naval Discipline Act 1957 (all of which relate to civil offences)— (2A) For the purpose of determining under this section whether an attempt to commit an offence is a civil offence, subsection (4) of section 1 of the Criminal Attempts Act 1981 (which relates to the offence of attempt) shall have effect as if for the words “offence which, if it were completed, would be triable in England and Wales as an indictable offence” there were substituted the words “civil offence consisting of an act punishable by the law of England and Wales as an indictable offence or an act which, if committed in England or Wales, would be so punishable by that law”. (2) In paragraph 3(1) of Part II of Schedule 6 to the Firearms Act 1968, the reference to an offence triable either way listed in Schedule 1 to the Magistrates’ Courts Act 1980 includes a reference to an offence under section 1 above of attempting to commit the offence so listed. (3) In section 12(1)(a) of the Misuse of Drugs Act 1971 the reference to an offence under that Act includes a reference to an offence under section 1 above of attempting to commit such an offence.
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