The Commons Justice Select Committee (CJSC) say a less complicated law for gang related murders is needed to ensure justice for victims and defendants.
In a report, the CJSC explain that law of joint enterprise – which allows the courts to impose a life sentence on people even if they took no direct part in an offence - is so confusing for juries and courts alike that legislation is needed to ensure justice and end the high number of cases reaching the Court of Appeal.
The Chair of the Justice Select Committee, the Rt. Hon Sir Alan Beith MP said:
“This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in
particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict. This issue should not wait for a general review of the law of homicide which few governments would be willing to undertake.”
However, even though the Committee say that the passing of a new law is ultimately needed, they are calling the Director of Public Prosecutions to produce guidance for prosecutors on joint enterprise, particularly in cases of gang-related homicide. Sir Alan commented:
“The law on joint enterprise has a role in deterring young people from becoming involved in gangs but confusion over the law and how it works can put vital witnesses in fear of coming forward,
allowing the real criminals to escape justice. It is also important to ensure that young people are not unnecessarily brought into the criminal justice system when they are on the edge of gang-related activity.”
The Justice Committee is recommending that the Director of Public Prosecutions collate data on the number of people charged under joint enterprise so that problems with the operation of the law identified by campaigning groups representing both victims and those that say they have been convicted in a miscarriage of justice can be alleviated.
Director of Public Prosecutions,
QC, has responded by agreeing to issue new guidance on joint enterprise. He said:
“Having studied the report and considered its content I have decided the CPS will now produce guidance on the approach we will take to cases of joint enterprise, including guidance on the proper threshold at which association potentially becomes evidence of criminality.”
“This exercise will be done through consultation, with interested parties, on draft guidance in due course, and, as with all CPS guidance, it will be kept under review.”
“The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise.”
