Law Commission Consultation Paper No. 183 on Conspiracy and Attempt - Comments on Conspiracy

Abstract

In October 2007 the Law Commission published Consultation Paper No 183 on Conspiracy and Attempt. This working paper addresses some of the questions and concerns raised by the conspiracy section of that consultation paper. In particular it argues that, contrary to the Law Commission's proposals, a mens rea of recklessness should not be adopted with regard to conspiracies to commit crimes involving an actus reus element of circumstances, for the simple reason that this has the potential to turn agreements not to commit offences into conspiracies to commit them. The concept of conditional intent should be adopted instead on the basis that it can achieve all of the same objectives as recklessness with none of the same drawbacks. In addition, the paper argues for restraint in the creation of double inchoate liability and for a more uniform approach to exempt conspirators.