joint enterprise
Defending Joint Enterprise cases
Solicitors specialising in Criminal Law will advise you that joint enterprise is a legal doctrine in criminal law that lays the foundation for multiple individuals to be charged and convicted of the same criminal offence, even if they did not personally commit the crime themselves.
Under joint enterprise, all individuals who participated in a criminal act or were present at the time of the crime and who had the knowledge and intention to commit the offence can be held equally responsible for the crime. This means that a person who did not directly commit the crime, but was part of a group that did, can be charged and convicted of the same offence as the person who physically committed the crime - known as the principle offender.
Joint enterprise is often used in cases where a group of individuals collaborate to commit an offence and is most common within gang-related offences. It is also very common in cases involving murder, where an individual may be held responsible for the actions of an accomplice who actually carried out the killing - the principle offender.
Critics of joint enterprise argue that it can lead to unjust outcomes, particularly in cases where an individual may have been present at the scene of a crime without actively participating in the offence. They argue that joint enterprise can result in individuals being charged and convicted of serious crimes based on their association with others, rather than their own actions.