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====== JOINT ENTERPRISE ====== | ====== JOINT ENTERPRISE ====== | ||
- | 1/20 | + | CPS Guidance on: |
- | Document July 2012 | + | Joint Enterprise Charging Decisions |
- | CPS Guidance on: | + | December 2012 |
- | Joint Enterprise Charging Decisions | + | |
- | December 2012 | + | Please note that the CPS are currently reviewing the charging process for joint enterprise. |
Joint Enterprise charging decisions | Joint Enterprise charging decisions | ||
+ | |||
Principal, secondary and inchoate liability | Principal, secondary and inchoate liability | ||
+ | |||
Contents | Contents | ||
- | Introduction | + | |
+ | Introduction | ||
Concerns | Concerns | ||
+ | |||
The doctrine of joint enterprise | The doctrine of joint enterprise | ||
+ | |||
Three types of joint enterprise | Three types of joint enterprise | ||
+ | |||
Transferred malice | Transferred malice | ||
+ | |||
Qualifications on the scope of joint enterprise | Qualifications on the scope of joint enterprise | ||
+ | |||
Fundamentally different act | Fundamentally different act | ||
+ | |||
Withdrawal | Withdrawal | ||
+ | |||
Prosecuting offences on the basis of joint enterprise | Prosecuting offences on the basis of joint enterprise | ||
+ | |||
The evidential stage applied to joint enterprise cases | The evidential stage applied to joint enterprise cases | ||
+ | |||
Participation | Participation | ||
+ | |||
Presence at the scene of an offence as evidence of participation | Presence at the scene of an offence as evidence of participation | ||
+ | |||
Association with principal or a group or gang as evidence of participation | Association with principal or a group or gang as evidence of participation | ||
+ | |||
The public interest stage applied to joint enterprise cases | The public interest stage applied to joint enterprise cases | ||
+ | |||
Selecting charges: principal, secondary and inchoate liability | Selecting charges: principal, secondary and inchoate liability | ||
+ | |||
Charging group assaults | Charging group assaults | ||
+ | |||
Charging murder or manslaughter in group assaults without a weapon | Charging murder or manslaughter in group assaults without a weapon | ||
+ | |||
Charging offences of encouraging or assisting: Serious Crime Act 2007 | Charging offences of encouraging or assisting: Serious Crime Act 2007 | ||
+ | |||
Charging common law offences or Serious Crime Act 2007 offences | Charging common law offences or Serious Crime Act 2007 offences | ||
+ | |||
Charging an offence under s46 Serious Crime Act 2007 | Charging an offence under s46 Serious Crime Act 2007 | ||
+ | |||
Charging conspiracy | Charging conspiracy | ||
+ | |||
Introduction | Introduction | ||
+ | |||
1. The guidance sets out how charging decisions are to be approached in | 1. The guidance sets out how charging decisions are to be approached in | ||
cases involving joint enterprise. In particular, it addresses: | cases involving joint enterprise. In particular, it addresses: | ||
- | Application of the Full Code Test to cases involving joint enterprise. | + | Application of the Full Code Test to cases involving joint enterprise. |
- | The use of evidence of presence and association in proving | + | The use of evidence of presence and association in proving |
participation in a joint enterprise. | participation in a joint enterprise. | ||
The principles to be applied when selecting charges that involve | The principles to be applied when selecting charges that involve |