The case against joint enterprise

This article examines the need to reform the UK law of joint enterprise, the scope of which has been expanded over recent years through judicial case law. It describes how joint enterprise has become a specific weapon used by the police and the courts to target both political protest and ‘gang’ violence, in particular in black and working-class communities. The main evidence and recommendations of the House of Commons Justice Committee inquiry into joint enterprise held in 2011 are summarised, with specific reference to how the complexity and inconsistency in application of the law, its use as a dragnet against gangs through police and prosecutorial over-charging, and convictions based on ‘foresight’ rather than criminal intent, can all lead to miscarriages of justice. The particular problems associated with the use of joint enterprise in relation to murder are described. The article concludes by examining the response of the UK authorities to the Justice Committee report, with specific reference to new draft prosecutorial guidance issued by the Director of Public Prosecutions, which fails to clarify the law and in fact confirms the need for new legislation in this area