What is Joint Enterprise?
Joint enterprise is a complex area of criminal law that allows multiple people to be convicted for a crime even if they did not personally carry out the offence. Under this principle, a person can be held legally responsible for a crime committed by someone else if they were part of a group and either encouraged or assisted in the offence.
This legal doctrine is often applied in murder cases, gang-related violence and other serious crimes, where more than one person is alleged to have been involved. If convicted, individuals can face the same sentence as the person who physically committed the crime – even life imprisonment in murder cases.
If you have been accused of a crime under joint enterprise, you need expert legal representation immediately. Call Sahota & Sahota Solicitors now on 01162 555155 for urgent legal advice.
How Does Joint Enterprise Work in Criminal Cases?
Under joint enterprise, a person does not need to have physically committed the crime. Instead, the prosecution must prove that:
- They were involved in a group or common purpose where a crime was committed.
- They encouraged, assisted, or participated in some way.
- They foresaw that the crime might happen, even if they did not intend it to.
For example, if a group of individuals attack a person and one of them fatally stabs the victim, everyone in the group could potentially be charged with murder under joint enterprise, even if they did not use the knife themselves.
Another example involves a getaway driver in a robbery. Even if they did not enter the premises or use violence, they could still be convicted of robbery under joint enterprise for facilitating the offence.
Changes to Joint Enterprise Law
For many years, joint enterprise convictions were criticised for being too harsh, particularly in cases where individuals were convicted despite playing a minor role. In 2016, the UK Supreme Court ruled in R v Jogee that the law had been wrongly applied for over 30 years.
Before Jogee, individuals could be convicted if they merely foresaw that a crime might happen. Now, the law requires proof of intent—meaning the prosecution must show that the person intended to assist or encourage the crime, not just that they knew it might happen.
Our Director, Kally Sahota spoke with the media in relation to this ruling including appearing on ITV News to comment on the significance of the case.
Despite this ruling, many people still face joint enterprise convictions based on weak or circumstantial evidence, making expert legal defence essential.
Defences Against Joint Enterprise Charges
If you are facing a joint enterprise charge, possible defences include:
- Lack of intent – If there is no evidence that you intended to assist or encourage the crime, you should not be convicted.
- Mere presence – Simply being present at the scene does not automatically mean you were involved.
- Withdrawal from the group – If you walked away or refused to participate, this could be a defence.
- Duress – If you were forced or threatened to be involved, you may have a legal defence.
Each case is different, and the right defence strategy depends on the circumstances.
Why Choose Sahota & Sahota Solicitors?
At Sahota & Sahota Solicitors, we specialise in defending clients accused under joint enterprise laws. We understand the complexities of these cases and know how to challenge weak or unfair prosecutions.
Kally Sahota, Director at Sahota & Sahota Solicitors:
“Many people facing joint enterprise charges were simply in the wrong place at the wrong time. The law is often applied unfairly, and innocent people can be caught up in serious convictions. Our job is to ensure that every case is properly scrutinised and that justice is served.”
If you or a loved one is facing a joint enterprise allegation, call Sahota & Sahota Solicitors today on 01162 555155 for expert legal advice and defence.
