The law on inchoate offences can be seen as inaccessible and complicated. The law in the Serious Crimes Act 2007 has not improved this position. Discuss.

Answer guidance

The essay should begin by defining the key inchoate offences. Reference should then be made to the rationale for criminalising this type of conduct, and thus the importance of clarity in the law. The essay can then go on to give some examples of areas which are particularly unclear. This could include the uncertainty over when an attempt actually occurs. In conspiracy, it can be difficult to distinguish between AR and MR aspects as there must be evidence of an agreement. The Serious Crimes Act 2007 can then be outlined (in particular ss 45-47). In practice, this casts the net very wide especially in terms of mens rea (R v Sadique [2011]). In relation to impossibility the law is no clearer and differs according to which criminal offence is being charged. In terms of conspiracy, there is still a conspiracy at common law and the offence contains complicated mens rea requirements.  One can conclude by agreeing with the question and suggesting that an overall statutory scheme may be preferable to the current position providing some much needed clarity.