Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—
(c) attempting or conspiring to commit an offence,

Part 5 Offences under domestic law

England and Wales

55 Meaning of “ancillary offence”

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—
(c) attempting or conspiring to commit an offence,

Part 5 Offences under domestic law

Northern Ireland

62 Meaning of “ancillary offence”

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) ; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

This provision follows the ICC Statute.