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| Joint enterprise law 'wrongly interpreted' for 30 years, Supreme Court rules | Joint enterprise law 'wrongly interpreted' for 30 years, Supreme Court rules |
| (35 minutes later) | |
| The law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for more than 30 years, the Supreme Court has ruled. | The law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for more than 30 years, the Supreme Court has ruled. |
| The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates. | The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates. |
| However, judges ruled it was wrong to treat "foresight" as a sufficient test. | However, judges ruled it was wrong to treat "foresight" as a sufficient test. |
| Their decision could pave the way for hundreds of prisoners to seek appeals. | Their decision could pave the way for hundreds of prisoners to seek appeals. |
| It will apply in England, Wales, Northern Ireland and most UK overseas common law territories but not in Scotland, which has its own rules on joint enterprise. | It will apply in England, Wales, Northern Ireland and most UK overseas common law territories but not in Scotland, which has its own rules on joint enterprise. |
| 'Wrong turn in 1984' | 'Wrong turn in 1984' |
| The ruling came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who had been convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011. | The ruling came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who had been convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011. |
| The court heard that Jogee had "egged on" his friend Mohammed Hirsi, who stabbed Mr Fyfe in the heart. Both men received life sentences for murder. | The court heard that Jogee had "egged on" his friend Mohammed Hirsi, who stabbed Mr Fyfe in the heart. Both men received life sentences for murder. |
| Jogee had argued he was not inside the house when the incident took place, and could not have foreseen what his friend intended to do. | Jogee had argued he was not inside the house when the incident took place, and could not have foreseen what his friend intended to do. |
| The complex case of joint enterprise | The complex case of joint enterprise |
| Joint enterprise convictions | Joint enterprise convictions |
| Joint enterprise law has been used to convict and hand down long sentences in several high-profile cases: | Joint enterprise law has been used to convict and hand down long sentences in several high-profile cases: |
| Delivering the judgement, Lord Neuberger said it was wrong to treat "foresight" as a sufficient test to convict someone of murder. | Delivering the judgement, Lord Neuberger said it was wrong to treat "foresight" as a sufficient test to convict someone of murder. |
| "This court is always very cautious before departing from a previous decision of the House of Lords or the Supreme Court," he said. | "This court is always very cautious before departing from a previous decision of the House of Lords or the Supreme Court," he said. |
| "But in this case the court is satisfied after a much fuller review of the law than in the earlier cases, that the courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right." | "But in this case the court is satisfied after a much fuller review of the law than in the earlier cases, that the courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right." |
| BBC legal affairs correspondent Clive Coleman said the ruling did not mean those convicted under joint enterprise would automatically be able to appeal. | BBC legal affairs correspondent Clive Coleman said the ruling did not mean those convicted under joint enterprise would automatically be able to appeal. |
| They would have to show that they have suffered "substantial injustice", he said. | They would have to show that they have suffered "substantial injustice", he said. |
| Jogee retrial? | Jogee retrial? |
| In Jogee's case, the Supreme Court "set aside" his conviction - meaning the verdict in his original trial no longer stands. | In Jogee's case, the Supreme Court "set aside" his conviction - meaning the verdict in his original trial no longer stands. |
| However, the ruling does not mean Jogee will walk free, as the court found he was unquestionably guilty of at least manslaughter, and there was evidence that he could have been guilty of murder, our correspondent said. | However, the ruling does not mean Jogee will walk free, as the court found he was unquestionably guilty of at least manslaughter, and there was evidence that he could have been guilty of murder, our correspondent said. |
| Jogee's mother Rachel Whitehead said she was "absolutely delighted" her son was no longer convicted of a murder charge, and hoped he would soon be free. | |
| She called joint enterprise "a lazy law", saying: "It should never have been invented. It's just been used to convict innocent people of crimes they didn't commit." | |
| The court has asked for written submissions on whether Jogee should be retried for murder, or whether the conviction for murder should be replaced by a conviction for manslaughter. | |
| The Supreme Court was sitting in joint session with the Privy Council, which hears final appeals from UK overseas territories, in order to consider a joint enterprise case from Jamaica at the same time. | The Supreme Court was sitting in joint session with the Privy Council, which hears final appeals from UK overseas territories, in order to consider a joint enterprise case from Jamaica at the same time. |
| This means the ruling will apply in most UK overseas common law territories. | This means the ruling will apply in most UK overseas common law territories. |