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18 March 2022 / Dr Jon Robins
Issue: 7971 / Categories: Features , Criminal , Profession
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Joint enterprise: justice denied?

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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 issuing a press release singing the praises of ‘a masterpiece

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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