Judges to issue rulings on first ‘joint enterprise’ cases before Court of Appeal

THREE of the country’s most senior judges are to give rulings in the first criminal “joint enterprise” cases to come before the Court of Appeal since a landmark ruling raised the possibility that hundreds of convictions could be “unsafe”.

Groundbreaking appeals have been brought by men convicted of group attack murders.

The legal challenges follow a Supreme Court decision in February that the application of the law on joint enterprise, otherwise known as common enterprise, had taken “a wrong turn” and been misin- terpreted for 30 years. The Lord Chief Justice, Lord Thomas, is heading a panel expected to provide guidance on how the law should now be applied.

The other panel members are Sir Brian Leveson, president of the Queen’s Bench Division, and Lady Justice Hallett, vice-president of the criminal appeal courts.

At the heart of the case is the so-called “foresight principle” in joint enterprise cases. Used over the years to tackle gang violence, defendants have been convicted if they could have foreseen that a murder or violent act was likely to take place. But the Supreme Court ruled the foresight rule was being misinterpreted and juries had to decide “on the whole evidence” whether a person had the “necessary intent” to join in the commission of a crime.

Awaiting the outcome of the appeals are members of JENGbA (Joint Enterprise Not Guilty by Association), a grassroots group which helped to achieve the landmark Supreme Court ruling.

JENGbA estimates some 700 people could be in line to have their cases reviewed in light of the guidelines laid down by Lord Thomas’ panel. Group co-ordinator Gloria Morrison said: “It makes no sense to find people guilty of murder based purely on foresight alone – the idea that you know what someone is going to do.”

She described it as ‘“totally illogical”.