Guidelines for Prosecutors (Doctrine of Joint Enterprise)

Dominic Grieve Excerpts

Thursday 20th December 2012 Written Statements

[The Attorney-General (Mr Dominic Grieve)]

The Director of Public Prosecutions (DPP) has today published guidelines for prosecutors on the use of the doctrine of joint enterprise by prosecutors. On 17 January 2012, the House of Commons Justice Committee published its report on the use of the doctrine of joint enterprise by prosecutors (11th report of session 2010-12, HC 1597). In its conclusions and recommendations, at paragraph 3, the Committee recommended that the DPP issue guidance on

“the proper threshold at which association becomes evidence of involvement in crime”.

As a result of this recommendation, the DPP drafted guidelines to prosecutors on the use of the doctrine of joint enterprise. On 11 September, the DPP commenced a limited consultation on the draft guidelines with a number of interested parties. As is generally acknowledged, the law of joint enterprise is complex, and it was felt a targeted consultation with lawyers, academics and campaigners, rather than a general consultation, would be of most benefit. That consultation exercise concluded on 19 October and the DPP has now considered the guidelines in the light of the responses received and, where appropriate, amended the guidelines accordingly. Owing to the limited nature of the consultation exercise no interim guidelines were issued.

The guidelines clarify that where association evidence is relied on, the circumstances of the association of the suspect with the principal offender, together with the other evidence in the case, must give rise to the inference that the suspect was assisting or encouraging the principal’s offence. The guidelines note that in some circumstances it may be appropriate to consider alternative charges which may be available and which do not require the use of the joint enterprise doctrine. In the event that the particular circumstances apply and no such alternative is available, the guidelines caution the prosecutor to weigh carefully the merits of proceeding with the more serious charge under the doctrine of joint enterprise. Each case will need to be considered on its own facts and on its own merits before a decision is made on prosecution.

Copies of the guidelines will be placed in the Libraries of both Houses.