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Joint Enterprise law examined

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Summary

New legislation is urgently required to ensure justice for victims and defendants and to end numerous cases reaching the Court of Appeal, as the report 'Joint Enterprise' (HC 1597) identifies.

As a common law doctrine, Joint Enterprise has been developed by the courts over the years and has become so confusing for juries and courts alike that guidance is needed to ensure prosecutors reach the right verdict, particularly in cases of gang-related violence.

Joint Enterprise is a form of secondary liability whereby a person who agrees to commit a crime with another becomes liable for all criminal acts committed by the other person (the principal offender) in the course of their joint criminal venture.

Campaign groups representing both victims and those that say they have been convicted in a miscarriage of justice, have identified a number of problems with the operation of the law.

This report makes recommendations to the Director of Public Prosecutions to examine the data on the people charged under joint enterprise so that these problems can be alleviated.

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Law-Making Explained

This is a House of Commons paper (HC 1597, 2010-12). It is a report from the Justice Committee.

Find out more about House of Commons papers.

How does it affect me?

If you work in law, have been affected by or are generally interested in the Joint Enterprise law, this may be of interest to you.

Further Reading

The Justice Committee website

Official Justice website

The Director of Public Prosecutions

Joint Enterprise - Not Guilty By Association campaign group

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