header-logo header-logo

Joint enterprise: justice denied?

18 March 2022 / Dr Jon Robins
Issue: 7971 / Categories: Features , Criminal , Profession
printer mail-detail
75215
Post-Jogee, the failure of the courts to get to grips with the iniquity of joint enterprise is shocking, says Jon Robins

It has been six years since the highest court in the land ruled that the controversial law of joint enterprise had taken ‘a wrong turn’ in 1984. That anniversary was marked earlier this year with a demonstration outside of the Supreme Court by the campaign group Joint Enterprise Not Guilty by Association (JENGbA), dressed, as ever, in bright red. Families of those with loved ones convicted under the controversial common law doctrine hoped ‘justice’ would follow the 2016 ruling in the case of R v Jogee [2016] UKSC 8. By contrast, tabloid newspapers worked themselves up into a froth of righteous outrage, with the Daily Mail predicting that ‘more than 500 killers could seek to have their sentences quashed’.

Back in 2016, Lord Neuberger declared it ‘the responsibility of this court to put the law right’. That ruling was seen as a landmark judgment, with the Criminal Bar Association

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll