Editing Attempt (section)

===England and Wales===

In [[English law]], an attempt is defined as 'doing an act which is more than merely preparatory to the commission of the offence' according to the [[Criminal Attempts Act 1981]].<ref name="Herring: Criminal Law">Herring, ''Criminal Law''</ref> "The test of proximity was that the defendant must have&nbsp;... crossed the rubicon, burnt his boats, or reached a point of no return".<ref>''DPP v Stonehouse'' [1977] 2 All ER 909 per Lord Diplock.</ref> So the defendant has reached that part of the series of acts, which if not interrupted, frustrated, or [[Abandonment (legal)|abandoned]], would inevitably result in the commission of the intended offence.<ref>''Stephen's Digest of the Criminal Law''.</ref> But section 1(1) of the  [[Criminal Attempts Act 1981]] defines the ''actus reus'' as that is "...more than merely preparatory to the commission of the offence," that allowed liability to attach slightly earlier in the sequence of acts. Subsequent [[ratio decidendi]] have abandoned the more formal common law ''last step test'', leaving it to the jury to decide.<ref>See ''R v Jones (KH)'' [1990] 1 WLR 1057.</ref>  A defendant who changes their mind after the act is sufficiently proximate, is still guilty of an attempt although the change of heart could be reflected in the [[sentence (law)|sentencing]].

However, there is some uncertainty as to what exactly 'more than merely preparatory' means. It is upon the discretion of the judges and the jury to decide. Major criticism was attracted after the judgement in ''R v Geddes'', where the court acquitted the defendant who was trying to kidnap a young boy, stating that he had not gone far enough, and his acts were 'merely preparatory'.<ref name="Herring: Criminal Law"/>