‘Four teenagers have been found guilty of killing a 16-year-old boy who was stabbed in the chest in what prosecutors described as a “cowardly” revenge attack in Manchester.’
The Guardian, 26th June 2024
Source: www.theguardian.com
‘The number of people facing murder and manslaughter charges despite not being the principal offender has risen significantly, amid official warnings about the use of joint enterprise laws.’
The Guardian, 26th June 2024
Source: www.theguardian.com
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed “joint enterprise”. In England and Wales, “joint enterprise” has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with “joint enterprise” in England and Wales remain, despite the change in the law. This is due to there being only “subtle shift” in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterprise’. In England and Wales, ‘joint enterprise’ has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with ‘joint enterprise’ in England and Wales remain, despite the change in the law. This is due to there being only ‘subtle shift’ in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’
The Guardian, 30th April 2024
Source: www.theguardian.com
‘A recent report by Manchester Metropolitan University, ‘The Mounting Cost of Injustice: Calculating the Economic Cost of Joint Enterprise’, reveals that £1.2bn of taxpayer money is spent annually to convict an average of 1,088 individuals under joint enterprise.’
Each Other, 19th February 2024
Source: eachother.org.uk
‘A proposed amendment to English law could stop innocent people being imprisoned under the controversial joint enterprise doctrine.’
The Guardian, 1st February 2024
Source: www.theguardian.com
‘The Crown Prosecution Service (CPS) will monitor data on the race of those prosecuted under the joint enterprise laws for the first time following a legal challenge.’
The Independent, 16th February 2023
Source: www.independent.co.uk
‘Joint enterprise prosecutions in England and Wales are to be monitored after a legal challenge from campaigners who argued it disproportionately targets black males and young men.’
The Guardian, 16th February 2023
Source: www.theguardian.com
‘The House of Commons Justice Committee has launched an inquiry into the public’s opinion and understanding of sentencing. The Justice Committee will examine their understanding of the current approach to sentencing in England and Wales. It has made us ask the question: what does sentencing mean for our rights?’
Each Other, 13th January 2023
Source: eachother.org.uk
‘Six years ago the supreme court ruled these cases were unfair and racially biased. But, as the New York Times has noted, they keep on coming.’
The Guardian, 15th November 2022
Source: www.theguardian.com
‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’
Each Other, 7th September 2022
Source: eachother.org.uk
‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’
Each Other, 26th May 2022
Source: eachother.org.uk
‘A landmark UK judgment that was expected to lead to a reduction in joint enterprise prosecutions and convictions for homicide has had no discernible effect, while the number of Black people convicted of murder under the controversial doctrine has risen, research suggests.’
The Guardian, 27th April 2022
Source: www.theguardian.com
‘The human rights group Liberty is threatening to sue the government and Crown Prosecution Service (CPS) over the bitterly contested law of joint enterprise, arguing that it is discredited and racist in the way the authorities pursue it.’
The Guardian, 7th April 2022
Source: www.theguardian.com
‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’
BBC News, 10th January 2022
Source: www.bbc.co.uk
‘Tom Edwards looks at the impact of the shift from Joint Enterprise to Common Purpose in the five years since Jogee, and considers its impact in both the Crown Court and Court of Appeal.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’
UK Human Rights Blog, 7th July 2021
Source: ukhumanrightsblog.com
‘An insight into what it’s like being a young defendant in a gang-related murder trial. Did Jogee change the ‘odds’? Is the doctrine still a stark reality?’
Counsel, January 2020
Source: www.counselmagazine.co.uk
‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causa defence.’
Zenith Chambers, 26th November 2018
Source: www.zenithchambers.co.uk
© Inner Temple Library 2024