Inchoate Offences

Inchoate offences are characterised by their point of intervention, criminalising conduct that precedes the causing of substantive harms. In this manner, they provide practical tools for harm prevention, alongside the ability to punish conduct that may be deemed wrongful in its own right. However, these same advantages, in terms of early intervention, prompt questions of over-criminalisation and inappropriate intervention into the private realm.
In this article, we explore the different constructions and origins of inchoate offences, distinguishing what we call ‘general inchoate offences’ from ‘bespoke inchoate offences’ as they have come to exist across different jurisdictions. We trace the ongoing development of each, critiquing their current application, and the academic and reform responses that have followed.