Use of joint enterprise 'contrary to the rule of law'

Researchers who spent six months observing joint enterprise trials have found excessive use of powers, with individuals charged with murder despite only tenuous connections with the crime.

- Haroon Siddique

The findings from the miscarriage of justice charity Appeal add to concerns surrounding the doctrine, which allows defendants in England and Wales to be convicted of crimes they did not physically carry out if they are deemed to have encouraged or assisted the perpetrator.

Dr Nisha Waller and Tehreem Sultan followed 17 attempted murder and murder joint enterprise trials at the Old Bailey in central London. Such cases have been of particular concern because of the scope for people who made no clear contribution to be tried as if they were the perpetrator and receive a life sentence.

In many cases, the authors said, the evidence was said to be "weak, and in some, virtually non-existent". They highlighted one "especially concerning case" of seven boys charged with murder, where the prosecution case against five of them relied almost entirely on their "voluntary presence" at the scene.