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ARTICLE · 03 MAY 2012

Parliamentary Intervention On Joint Enterprise Murder

In a recent report, "Joint Enterprise1" the Commons Justice Select Committee recognised particular problems with the operation of the common law doctrine of joint enterprise and murder.

United KingdomCriminal Law

Article by Anthony Few, pupil at 6 Kings Bench Walk

1. In a recent report, "Joint Enterprise1" the Commons Justice Select Committee recognised particular problems with the operation of the common law doctrine of joint enterprise and murder. The Committee was sympathetic to criticism of the complexity, lack of clarity, and inconsistent application of the doctrine, and recommended statutory reform. The operation of the doctrine and murder is particularly important because a conviction carries the highest sentence in the English penal system, mandatory life imprisonment.

Liability

2. Joint enterprise is a parasitic form of secondary liability that arises with the commission of collateral offences during the course of a criminal venture.

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