Joint Enterprise (3) - Update

01:07 0 Comments

The problematic aspect of criminal law referred to as "Joint Enterprise" has been in the news recently as a result of a televised drama by Jimmy McGovern - COMMON.  The programme may be viewed over the next few days on BBC iPlayer - 'When 17-year-old Johnjo gives his cousin and his friends a lift, he finds himself implicated in a stabbing.'

On Youtube, Professor Graham Virgo (Cambridge University) offers an explanation of Joint Enterprise law - (28 minutes).

Some background to Joint Enterprise may be read at The Guardian 1st April 2014  and at BBC 7th July 2014

A post on The Justice Gap blog - Journalism can be the driving force in injustice is also of interest. See also Justice Gap - John Robbins - Joint Enterprise: confusing juries and courts.

Earlier posts relating to Joint Enterprise include 4th April 2014 - Joint Enterprise (1) - Setting the scene and 25th April 2014 - Joint Enterprise (2) - Involvement in Crime. 

There can be no proper objection
if those involved in a true JOINT enterprise to commit a crime are convicted.  In such cases there would be clear consensus between the offenders as to what they were out to achieve.  There can be every objection to the conviction of someone when consensus is absent and where there is no knowledge of what the principal offender is either intending to do or is likely to do.  It is the latter type of case which is driving calls for reform.  These issues are well discussed in an article by Maeve McClenaghan and others - Our Kingdom 1st April 2014 - Serious concerns emerge over joint enterprise laws.   The article notes that joint enterprise provides a 'rough, ready, powerful solution' to crime committed by gangs but it is frequently a most unjust solution in particular cases.

Joint enterprise has concerned at least some politicians.  The Justice Committee reported in early 2012 and the committee is now following up on their earlier report.  The 2012 report made six important recommendations including No. 4 -

'The lack of clarity over the common law doctrine on joint enterprise is unacceptable for such an important aspect of the criminal law. We therefore recommend that it be enshrined in legislation. We do not make this recommendation lightly. We fully appreciate the pressures on the parliamentary timetable but the evidence we have heard on joint enterprise has convinced us that legislative reform is required.'

In a response to the 2012 report, Kenneth Clarke (the Secretary of State for Justice and Lord Chancellor) dismissed the possibility of legislative reform in this Parliament by saying - "I am keen to avoid consulting on measures that could weaken the law in this area or undermine the Government's efforts to tackle crimes committed by gangs."  Yet, the government continually brings forward new criminal justice measures such as the latest Criminal Justice and Courts Bill.