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Debarment offences—checklist

Debarment offences—checklist STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. When can an economic operator be excluded from tendering for public contracts? The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, contain a list of mandatory and discretionary exclusions which apply to economic operators. Specifically, in relation to...

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Attempt

A person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself consists of both a criminal act and a mental state. In each case it is a question of fact whether the accused has gone sufficiently far towards the full offence to have committed the act of the attempt. If the accused has passed the preparatory stage the offence of attempt has been committed and it is no defence that they then withdrew from committing the completed offence.Most attempts at committing criminal offences will be governed by section 1 of the Criminal Attempts Act 1981 (CAA 1981), although some statutory exceptions apply. These include:•burglary under section 9(1)(b) of the Theft Act 1968 (TA 1968), and•using a firearm to resist arrest under section 17 of the Firearms Act 1968 (FiA...

Burglary

Burglary Burglary In most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court. Burglary triable only on indictment Under the Magistrates' Courts Act 1980 (MCA 1980), there are some categories of burglary that can only be tried on the Crown Court: • aggravated burglary (where a burglary is committed with a firearm or imitation firearm, or any weapon or explosive) • burglary that involves the commission of, or the intention to commit, an indictable only offence • burglary of a dwelling house where a person is subject to violence or the threat of violence, and • where the ‘three strike rule’ applies—the burglary was a domestic burglary, the accused is 18 or over and at the date of the offence had previously been convicted on two separate occasions of domestic burglary committed after 30 November 1999 Burglary of a dwelling is a distinct offence from burglary of any other type of building, eg a commercial building. The elements of...