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Incomplete Offences Practice Questions

Free NPPF Step 2 Incomplete Offences questions with full answers, for Sergeant and Inspector candidates.

25+ questions in the full bankType A format

About this topic

Incomplete (inchoate) offences catch people before the full offence is committed: attempts, conspiracy, and encouraging or assisting crime. Questions usually turn on the point at which liability starts.

Key distinctions include acts that are more than merely preparatory, the moment a conspiracy is complete (agreement), and the three separate offences under Part 2 of the Serious Crime Act 2007.

Key legislation and cases

  • Criminal Attempts Act 1981
  • Criminal Law Act 1977, s.1 (conspiracy)
  • Serious Crime Act 2007, ss.44-46

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

Kevin and Stuart agree to burgle a warehouse the following weekend. Before the burglary takes place Kevin gets cold feet and tells Stuart he wants nothing more to do with it. Stuart carries out the burglary alone. DC Fletcher considers whether Kevin is guilty of conspiracy. Which of the following is correct?

  1. AKevin is not guilty of conspiracy as he withdrew before the burglary took place - withdrawal is a complete defence to conspiracy.
  2. BKevin is not guilty of conspiracy as the full offence was never completed - conspiracy requires the agreed offence to be carried out.
  3. CKevin is not guilty of conspiracy as Stuart acted alone - a conspiracy requires at least two persons to carry out the agreed offence.
  4. DKevin is guilty of conspiracy - the offence is complete at the point of agreement and withdrawal after that point is not a defence.
Show answer and explanation
Answer: D

Under s.1 Criminal Law Act 1977 a person is guilty of conspiracy if they agree with another person to pursue a course of conduct which, if carried out, will necessarily amount to an offence. The offence is complete at the point of agreement - what happens afterwards is irrelevant to liability for the conspiracy itself. Withdrawal is not a defence to statutory conspiracy. Kevin's change of mind after the agreement was reached does not undo his criminal liability.

s.1 Criminal Law Act 1977
s.1(1): Subject to the following provisions of this Part, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of any offence, he is guilty of conspiracy to commit the offence.
  • A: Withdrawal is not a defence to statutory conspiracy under s.1 CLA 1977. The offence is complete once the agreement is made - a subsequent change of mind does not negate liability.
  • B: Conspiracy does not require the agreed offence to be carried out. The offence is the agreement itself - completion of the underlying offence is irrelevant to the conspiracy charge.
  • C: The requirement for conspiracy is an agreement between at least two persons - not that at least two persons carry out the agreed act. Kevin and Stuart agreed together which satisfies the requirement regardless of who ultimately acted.
Worked question 2 of 2Complex

DS Barker is investigating Cole, who sent a detailed text message to Holloway explaining how to pick a lock on a specific type of door, knowing Holloway intended to use the information to commit a burglary. Holloway was arrested before he could carry out the burglary. Cole is interviewed and accepts he sent the message knowing Holloway's intent. DS Barker considers whether Cole has committed an offence under Part 2 of the Serious Crime Act 2007. Which of the following is correct?

  1. ACole commits no offence because the burglary was never carried out - the Act only applies where the assisted offence is actually committed.
  2. BCole commits no offence because he only provided information - the Act requires physical assistance or presence at the scene.
  3. CCole commits an offence of doing an act capable of encouraging or assisting a burglary, intending to encourage or assist it.
  4. DCole commits an offence only if Holloway used the specific information provided - unused assistance cannot found liability.
Show answer and explanation
Answer: C

Under s.44 Serious Crime Act 2007, a person commits an offence if they do an act capable of encouraging or assisting the commission of an offence and they intend to encourage or assist its commission. The assisted offence does not need to be committed. Providing information with intent is sufficient - there is no requirement for physical presence. Whether Holloway used the information is irrelevant to Cole's liability.

s.44 Serious Crime Act 2007
s.44(1): "A person commits an offence if... (a) he does an act capable of encouraging or assisting the commission of an offence; and (b) he intends to encourage or assist its commission."
  • A: The SCA 2007 offences do not require the encouraged or assisted offence to be carried out. Cole's liability under s.44 is complete upon doing the act of assistance with the relevant intent.
  • B: Providing information is capable of constituting assistance - s.44 is not limited to physical assistance or presence at the scene.
  • D: Whether Holloway used the information is irrelevant to Cole's liability. The offence is complete when Cole does the act with intent.

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