Gangster's paradise
Labour's planned reforms to Joint Enterprise laws would see gang killers get away with murder
Joint enterprise
Since at least as far back as the 19th century British courts have used the legal doctrine of “joint enterprise” or “common purpose” to prosecute multiple offenders for the same offence. Criminals who jointly commit a crime with a shared understanding of what will happen or what reasonably could happen are deemed to all be guilty. In a murder case the getaway driver is just as guilty as the knifeman. The knifeman is just as guilty as the lookout who texted the knifeman to let him know the victim’s location. There may be a small difference in the eventual sentences each receives but all will be convicted of the same offence - murder.
There are important practical and moral reasons for this approach. When charged with murder all defendants will swear blind that they were present but not involved and that they had no idea of what was going to ensue. Gang killings are often a flurry of violence not caught clearly on CCTV. Without joint enterprise law prosecutions of gang killings would collapse under the high burden of proving beyond a reasonable doubt which defendant dealt the fatal blow. Groups of murderers would end up being convicted of lesser charges like affray or violent disorder as juries floundered.
Joint enterprise law places an obligation on citizens to prevent any killing they know is going to happen or could reasonably happen. It is not an adequate defence to know someone will be murdered but to opt out at the last minute and claim innocence. To be acquitted you must actively try to prevent violence eg by dissuading the killer or acting as a peacemaker as two groups prepare to fight. This is an actively anti-murder law that saves lives both by locking up violent killers for life and by incentivising life saving intervention from their friends and acquaintances before planned crimes are committed.
Jengba and Labour
There has always been some opposition to joint enterprise laws - mostly from the mothers of convicted murderers who feel their son was hard done by and from racial grievance mongers who point to the high proportion of young black men convicted under joint enterprise. In 2010 the campaign group Jengba (Joint Enterprise Not Guilty by Association) was formed to advocate on behalf of gang killers and lobby politicians to change the law.
Their political campaign usually fell on deaf ears and their legal appeals against convictions usually failed. That seems to be changing though as Labour backbencher Kim Johnson proposed a private members bill this week to only prosecute criminals who made a “significant contribution” to a crime. This bill is backed by junior Labour shadow Justice minister Janet Daby1. If the next Labour Government makes this change expect a wave of gang violence as killers who should be “lifed off” instead serve short sentences for lesser offences. It might be time to follow Louise Perry’s advice and get your family out of London.
https://www.thejusticegap.com/a-labour-government-would-reform-joint-enterprise/