Detailed Analysis: Criminal Attempts Act within English Legal System

This assignment delves into the intricacies of the English Legal System, primarily focusing on the Criminal Attempts Act 1981. It examines the Act's implications, particularly regarding attempted crimes, using the case of Dan pointing a gun at his girlfriend as a central example to illustrate the application of the law. The assignment explores the roles of the courts, including the Magistrate and Crown Courts, and emphasizes the importance of evidence, intent (mens rea), and the jury's decision-making process. The assignment also extends to dispute resolution methods, including negotiation, mediation, conciliation, and arbitration, highlighting their advantages and disadvantages. The content covers the legal proceedings, the involvement of parties, and the processes involved in resolving legal matters, providing a comprehensive overview of the legal system and its practical applications.

English Legal System

Table of Contents
INTRODUCTION...........................................................................................................................3
Task 1(a).................................................................................................................................3
Task1(b)..................................................................................................................................4
Task1(c)..................................................................................................................................4
Task1(d)..................................................................................................................................5
Task2 (a).................................................................................................................................5
Task2(b)..................................................................................................................................7
CONCLUSION................................................................................................................................8
REFRENCES:..................................................................................................................................8

INTRODUCTION
United Kingdom's jurisprudence has a powerful tool for judiciary. There should be
flexible law and it is required to make changes in the rules. The Criminal Attempts Act 1981
apply to the benefit of people and gives guidelines to make certainty in law. There is need to
improve the legal system which improves any deficiencies in the system. It reforms the statue of
a country and punishes for the offences committed by the persons. Many situations give an idea
about criminal offence and the intention of the parties. Jury gives their decision according to the
law and punishes other person who committed offence.
Task 1(a)
According to the Criminal Attempts Act 1981, if there are many offences committed by a
person then he is liable for the punishment imposed by the court. Section1 stated that if any
person has the intention to commit an offence then he is liable for the crime. In R. v. Gullefer
[1990] 1 WLR 1063, the Court of Appeal stated that the CCA 1981 court stated that the
preparation of actions of defendant clears that there was a crime and attempted by him. If the
evidence of the case is available so it will be decided by the Jury otherwise case will be
withdrawn. The facts of the case always depends upon the facts and question of law which can
be determined e by the court. In this case, Dan was pointing the gun to his girl friend for
shooting. He has no idea until he had pulled the trigger that there is some problem in his gun to
shoot on her. Under this Act, a person who attempts to commit the crime is also guilty for the
same offence.
1. This Act is applicable to the person when he attempted to the offence and shall have
effect with the section1 of the Criminal Attempts Act 1981.
2. This section provided many description given by the parties for many enactment-
a) Power to the court for institution of the proceedings.
b) Power to arrest such a person in his suit.
c) Where proceedings may carried or not otherwise than
All criminal cases are decided in magistrate courts to determine the offences. There
should be the pre trial of the case before the court after showing all the evidences at the court. 1
1 Andrews, N.,. Introduction. (In The Three Paths of Justice 2012 ). pp. 1-23. Springer
Netherlands.
Asongu, S.A. ( Law, Finance and Investment: does legal origin matter in Africa 2014).
The Review of Black Political Economy. 41(2) pp.145-175.

Court should check all the evidences before reaching to any decision to the matter Court must
give the opportunity of being heard to parties before giving any ruling. Dan should also follow
procedure to take the decision of the court. Court considers the claim of Mrs Smith that he points
out the gun against his girlfriend. Dan should also have the opportunity to clear any evidences.
Task1(b)
All the criminal offences start with the Magistrate court and they also resolved 98%
cases in this court only 2% left for further court. . Remaining cases which had been not decided
by the Magistrate then go for Crown court for trial. They will proceed to send the case to the
crown court accordance with the s51 (1) of the crime and Disorder Act 1998.if there is any
serious case involving murder or rape they will go to the high court judge for further
proceedings. In this case, Dan should go to the Magistrate court and there should the summery
trial of the case. Court may discuss many matters to the case that if there is any evidence against
Dan that he had pointed out his gun to her. If there is any severe crime then magistrate has the
power to give the imprisonment.. Once the trial has started then it must be the duty of judge to
give opportunity for the present case. Judge refers the case to jury and recommend them to
consider the facts. If jury finds guilty they will collect all the facts and defences to the case.
Task1(c)
Authorities should search the circumstances of the case by showing the facts. Court must
focus on the people who are involved in the case. Magistrate should consider the case summary
and discuss on the matter. Mrs Smith claims that Dan is pointing a gun on his girlfriend and she
saw him to do this. Dan was not aware that his gun has some mechanism error otherwise his girl
friend shouted out. In the Criminal Act, Dan is attempting to murder and this offence comes
under the Criminal act.. He claims that he did not point out the gun to his girl friend and it was
the mistake of the Mrs. Smith. Court need to check all the evidence with the practical approach
and if any evidence considers suitable then take into the consideration. They have constitutional
rights to protect him if any situation of the case. Court considers all the evidence and decides that
it is not legal to point out the gun on any person. Dan should accept his fault and court sentenced
him appropriate punishment. 2
2 Chieze, E., Farzindar, A. and Lapalme, G., An automatic system for summarization and
information extraction of legal information. In Semantic Processing of Legal Texts
(2010) pp. 216-234. Springer Berlin Heidelberg.

Task1(d)
A person who has preparatory commission to the offence it includes in the section1 (1)
of Criminal Attempts Act 1981.it is a very serious crime to making the preparation of the
offences I. In fact, if a person is believed that intention of party to commit the offence and it is a
crime then its a punishable offence. . An attempt to murder is also covered in the Criminal Act.
In this case, Mrs. Smith alleged that Dan attempting to murder of his girl friend by gun. A person
is found guilty if he attempt under the statutory provision with an intention to create offence that
is merely preparatory facts. A person by guilty to attempt to commit an offence shall be liable
for the imprisonment for life if sentenced is fixed by law and if it does not fall in attempt to
murder then liable to convict on indictment of offence. It would be a very serious offence to
point out the gun it considers attempt to the criminal offence and punishable in the court. The
punishment for an attempt is to commit a crime for an offense. If there is any sufficient evidence
then jury need to determine the them and if it is not relevant then it will be withdrawn. This
section applies if any person is committing any offence which creates a criminal offense. To
establishment the statue there should be Mens Rea of a person that was so essential. There are
many facts which need to clear about the facts that is it includes the criminal offense or any other
act. A person is attempted any serious crime then court will give imprisonment. Dan has pointed
out a gun an its a illegal action in the public. Court will discuss on many matters and makes
various inquires to this fact. Mrs Smith is the eye evidence in this case and she will give his
statement to the court. Dan's action is not legally valid in the eye of law because no one can act
like this in general. His action is not correct and he does wrong act and liable for the punishment
which law has decided.
Task2 (a)
Where there is two or more parties come to resolve their cases easily. The best and
common way to take the case to the court by the help of lawyer. However there are more
methods to resolve the litigation of the people.
Chiou, W.J.P., Lee, A.C. and Lee, C.F.,. Stock return, risk, and legal environment
around the world. International Review of Economics & Finance (2010). 19(1). pp.95-
105.

 Negotiation: It is a process which can be done informally between the parties or with the
lawyers. This is the quickest way to approach the solving problem. Peoples are involving
in the disputes directly privately to resolve the issue.
 Mediation: It involves the third person to resolve their matter by taking part. Here is the
mediator who discuss the solution and help between them. He behaves naturally and
follows all the duties of his part. They must clarify all the disputes and give good
assistance to the parties to their solution. 3
 Conciliation: here is the person who also called mediator but he is giving solutions about
the case and approaches the parties. Parties have the right to voluntary withdraw their
application at any time to the case. He should be the related person of the parties. The
information of the cases must be confidential and no one can have the access to it. They
must have reliable to each other no fake information given to anyone.
 Arbitration: Parties who wants to decide their case follow the process according to the
Arbitration Act 1996. It is appointed by the parties with their mutual consent to settle
their case. This system is similar to the court case but so much speedy. Arbitrator take the
decision called 'award' and must be followed by both the parties and if they have not
followed the decision then court emphasise them to apply this. If there is any irregularity
in decision then parties can go to the court for making suitable changes.
In this case Alisha faces many problems in his family. They have agreed for divorce but
cannot agree on her husband's contact time. They wants to divide the furniture of the house
between each other. Alisha has three son and one of them was ill so she took care of her children.
Due to this she got dismissed from her job from his employer. She should go for any resolution
where they both agreed to resolve their disputes. She has many problems and apply for the court
to make a solution of these problems.
3 Bin Abbas, A.N.,. ( Islamic Legal System in Singapore 2012) THe. Pac. Rim L. & Pol'y
J. 21 p.163.
Bryan, S., Nash, R. and Patel, A.,. How the legal system affects the equity mix in
executive compensation. Financial Management. 39(1) pp.393-418.(2010)

Task2(b)
Parties are coming to resolve there disputes and making the suitable control of the
actions. Parties are considering the resolution before commencing the court proceedings to make
appropriate process.
There are many advantages of the dispute resolution-
Cheapness: This is the very most advantages to make whole proceedings very cheaper and in a
easy way. Cost are very less in comparison to court because court fees, delay charges, lawyer
fees and many more.
Speed: It is the negotiation between the parties to solve their disputes very speedily. They resolve
the disputes by without the requirement of any representatives.
Control: Parties can control the disputes and and resolve them out of the court. Parties can create
own process and own agreement.
Privacy: Court proceeding are continue in the public but this process going in privately. Legal
and other works in fairly. Parties only knows about their problems and can resolve them easily
with good communication to each other.
Experts: these persons always rely on the facts of the case and decisions taken much quicker and
helpful. Overall cost of the matter is very less in comparison to court. Experts have good
knowledge and interact with each the party to understand the work easily.
There are disadvantages of the disputes resolution-
Uncertainty: It becomes more lengthy and not certain to make a decision at any point of time.
Time limits: Sometime there is the time consuming disputes that involves a legal claim. Where
so much time consumes so its not worthy for him.
Complexity and expenses: Some arbitration proceeding are still very complex and not certain to
the resolution of the dispute. There is various complexities in their work to resolve the disputes.
Willingness to compromise: there is the problem where parties does not accept the decision and
compromising with each other.

CONCLUSION
From the above report it has been observed that a person is punishable under the law if he
attempts any offence of crime. A person who has the intention to do an offence then court will
punish him and announce sentenced to him. Parties having disputes may go for the resolution on
particular matter. There are many alternates to go for many resolution out of the court. They are
less time consuming and very much cheaper for the parties. It helps them to resolve the matter by
experts by many ways. Parties can easily manage and control the activities of the business. It is a
easy way process to solve their disputes quickly. Many situations and problems resolved by the
experts with the easy communication system.
REFRENCES:
Books and Journals:
Andrews, N.,. Introduction. (In The Three Paths of Justice 2012 ). pp. 1-23. Springer
Netherlands.
Asongu, S.A. ( Law, Finance and Investment: does legal origin matter in Africa 2014). The
Review of Black Political Economy. 41(2) pp.145-175.
Bin Abbas, A.N.,. ( Islamic Legal System in Singapore 2012) THe. Pac. Rim L. & Pol'y J. 21
p.163.
Bryan, S., Nash, R. and Patel, A.,. How the legal system affects the equity mix in executive
compensation. Financial Management. 39(1) pp.393-418.(2010)
Chieze, E., Farzindar, A. and Lapalme, G., An automatic system for summarization and
information extraction of legal information. In Semantic Processing of Legal Texts
(2010) pp. 216-234. Springer Berlin Heidelberg.
Chiou, W.J.P., Lee, A.C. and Lee, C.F.,. Stock return, risk, and legal environment around the
world. International Review of Economics & Finance (2010). 19(1). pp.95-105.
Cownie, F., Bradney, A. and Burton, M., 2013. English Legal System in Context 6e. Oxford
University Press.
Farnsworth, E.A., An introduction to the legal system of the United States (2010.). Oxford
University Press.

Foster, N.G. and Sule, S.,. German legal system and laws (2010). Oxford University Press, USA.
Guler, I. and Guillén, M.F.. Institutions and the internationalization of US venture capital firms.
(2010). Journal of International Business Studies (2010.). 41(2) pp.185-205.
Hussain, J., 2011. Islam: Its law and society. Vol. 3 Sydney: Federation Press.
Khoury, T.A., Junkunc, M. and Mingo, S., Navigating political hazard risks and legal system
quality: Venture capital investments in Latin America. Journal of Management (2015).
41(3) pp. 808-840.
Bibliography:
http://www.inbrief.co.uk/preparing-for-trial/alternative-dispute-resolution-methods/
https://en.wikipedia.org/wiki/Criminal_Attempts_Act_1981
https://www.unodc.org/tldb/pdf/UK/UK_Attempts_Act_1981.pdf