Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-analysisWith the exciting decision of the Court of Appeal earlier this year in the case of R v Jogee [2016] UKSC 8 came a change in the law with regard to joint enterprise and how it should be applied, particularly in the case of murder. In overturning previous case law on the subject the UKSC determined that:

  • Accessory liability required proof of a conduct element accompanied by the necessary mental element;
  • The requisite conduct element was that the accessory has assisted or encouraged the commission of the offence by the principal;
  • The mental element was an intention to assist or encourage the commission of the crime, and that required knowledge of any existing facts necessary for it to be criminal;
  • If the crime required a particular intent, the accessory had to intend to assist or encourage the principal to act with such intent;
  • Foresight was not to be equated with intent to assist – foresight was evidence from which intent could be inferred.

The UKSC determined that the effect of putting the law to right is not to render invalid all convictions which were arrived at over many years as the error identified, of equating foresight with intent to assist, will have been important on the facts to the outcome of the trial or the safety of the conviction. Where a conviction has been arrived at by faithfully applying the law as it stood at the time, it can only be set aside by seeking exceptional leave to appeal to the Court of Appeal out of time. That court may do so if substantial injustice can be demonstrated, but it will not do so simply because the law applied has now been declared to have been mistaken.

Only in exceptional circumstances may an application be made for a further appeal where the original application was dismissed. Such caveats lie in the case of R v Pinfold [1988] QB 462 (“Pinfold”) namely:

  • Where the appeal has been abandoned, the court may in exceptional circumstances treat the abandonment as a nullity;
  • If the dismissal of the first appeal involved some procedural defect which led to injustice for the appellant, the court may treat the dismissal as a nullity.

Pinfold asserted a level of finality to legal proceedings which confirms the rational that where there is a change in the law (as seen in Jogee) it can have a retrospective effect at common law save where a case has been finally determined ie with the dismissal of an appeal.

Jogee unflinchingly asserts that the effect of putting the law right is not to render invalid all convictions which were arrived at over many years by faithfully applying the law as laid down in the previous authorities. Where, as in the Jogee cases, there has been no final determination by the Court of Appeal, the conviction can be set aside by seeking exceptional leave to appeal to the Court of Appeal out of time. In those circumstances the court has power to grant such exceptional leave to appeal and may do so if substantial injustice can be demonstrated. However, if the appeal against conviction is effectively based on a change of law and nothing else, and the conviction was properly returned after a jury trial, it is unlikely that a substantial injustice will have occurred. The Jogee case of course did not deal specifically with cases where appeals have already been determined adversely to the appellants and applications to reopen were made. Such matters have for years been governed generally by the Pinfold principles.

On Tuesday 25th October 2016 it was reported the Northern Ireland Court of Appeal (NICA) concluded that the Jogee concept of “exceptional leave” is neither a fresh Pinfold ground nor an additional basis for reopening an appeal and in the circumstances the proper course of action would be for an application to be made to the Criminal cases Review Commission (CCRC). This decision effectively prevents the flood gates opening and anyone previously convicted of offences based on joint enterprise applying to the CoA to have their cases set aside. This will be disappointing for many but we may yet see another important ruling by the UKSC on this point.

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

204 Reviews

Anonymous

Excellent advice and customer service.

Posted 4 weeks ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 1 month ago

Fern M

Very efficient and friendly

Posted 1 month ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 1 month ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 1 month ago

Rosa B

Fabulous service all round.

Posted 1 month ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago

Anonymous

Posted 3 months ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

Marie D

very good service all digitalised

Posted 3 months ago