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

    Testimonials

    4.79 Average

    273 Reviews

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 1 day ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 3 days ago

    Anonymous

    Everyone I dealt with at Redmans were professional, empathetic & always responded promptly and helped make the transition as smooth & efficient as possible for me. If you need legal advice, don’t hesitate & contact the team.

    Posted 5 days ago

    Anonymous

    Sacha was incredibly helpful and professional. Timely and accurate advice at a time I most needed it. I was extremely impressed and grateful.

    Posted 5 days ago

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 3 weeks ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 2 months ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 2 months ago

    Sanja K

    Very efficient and professional service.

    Posted 2 months ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 2 months ago

    Karen T

    Great service. Thank you.

    Posted 2 months ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 months ago

    Shanine M

    Excellent service, thank you so much!

    Posted 2 months ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 2 months ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 2 months ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 2 months ago

    Anonymous

    Great job done on my employment law

    Posted 2 months ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago