What Is Joint Enterprise?
Joint Enterprise is a powerful prosecuting tool applied so that more than one person - often a group - can be charged with the same crime if it can be proved that they were in some way "in it together". It applies even though the suspects may have played different parts in the alleged offence. Criminal law generally only holds offenders liable for their own actions but, under the doctrine of joint enterprise, a person may be found guilty for another person's crime. Simple association or accidental presence during a crime is insufficient for a charge under joint enterprise.
How Did Defence Law Change The Joint Enterprise Law At The Supreme Court?
Defence Law Ltd are proud to say that we were the firm of solicitors whose persistence, determination and expertise brought about a change in law to the doctrine of Joint Enterprise.
This change in the law was brought about from the case of R v Ameen Jogee. From the moment of Mr Jogee's arrest we have been representing him. This included representation at the Police Station, Magistrates' Court, Crown Court, Court of Appeal and at the Supreme Court. We have a specialist legal team consisting of Queen's Counsel, leading barristers and academics who are well versed in this aspect of the law.
The 'dog's breakfast' of joint enterprise, as previously interpreted, was leading to lengthy terms of imprisonment for defendants without the production of evidence of intent by the Prosecution.
The Supreme Court ruled in our case of Jogee on 18 Feb 2016 that the test of foresight is insufficient. This will affect appeals and new allegations which come before the Court. The Supreme Court has determined that, in light of our appeal, the law had been wrongly applied for 30 years.
What this means is that for a secondary party to be guilty of an offence, the defendant must intend to assist or encourage the principal. Therefore, the notion that that the secondary party might foresee that the principle might commit the offence is now insufficient. Foresight might be evidence of an intention to assist or encourage in the commission of an offence, it is not the decisive factor.
The perseverance of Defence Law Ltd has brought the huge change in the law. This is an achievement which has been recognised locally, nationally and internationally. Our official statement post the R v Ameen Jogee case was aired live and can be viewed above.