Joint Enterprise 2 ~ Involvement in Crime

Previous post - Joint Enterprise 1 - Setting the Scene

The criminal law seeks to punish not only principal offenders (those who perform the act prohibited by the definition of a criminal offence) but also a range of others who are involved in crime.  To that end, the law developed so-called inchoate offences and also a concept of secondary participation in crime. 

Inchoate offences at common law were incitement, conspiracy and attempt.  There has been statutory reform in relation to all three.  The Criminal Law Act 1977 amended the law of conspiracy.  The  Criminal Attempts Act 1981 amended the law of attempt and incitement at common law has been  replaced by new offences of assisting or encouraging crime under the Serious Crime Act 2007 Part 2 - (see below).  

Inchoate offences do not require the actual commission of a principal offence - for example, an attempt to steal money does not actually require the theft to be completed.  One rationale for the existence of inchoate offences is that they enable law enforcement agencies to intervene before a planned crime is committed.
 

It is, of course, common for principal offenders to have accomplices.  In the quaint language of the criminal law, the terms used are aiding, abetting, counselling or procuring.  Section 8 of the Accessories and Abettors Act 1861 (as amended) provides that - "Whoever shall aid, abet, counsel or procure the commission of any indictable offence ... shall be liable to be tried, indicted and punished as a principal offender.  (See also Magistrates' Courts Act 1980 s.44).

THE Family Court for England and Wales

As from 22nd April 2014, there is a new Family Court for England and Wales - see Crime and Courts Act 2013 section 17.  Section 17 inserts Part 4A into the Matrimonial and Family Proceedings Act 1984.

Read section 17 along with the Schedule 10 and  Schedule 11.  See also 2014/954 - Crime and Courts Act 2013 (Commencement No. 10 and Transitional Provisions) Order 2014.

As with the new County Court (previous post), the change is accompanied by extensive secondary legislation, a detailed guide to which is available on Family Law Week 'Guide to Statutory Instruments coming into force on 22nd April 2014.'

Family Law Week website considered the formation of this court - 'Largest family justice reform for a generation' comes into effect.

Along with alterations to the court structure, there are very important changes to the law resulting from the  Children and Families Act 2014. A very good summary of the changes may be seen in the article by Amy Royce-Greensill - Children and Families Act 2014 - Essential Update - 16th April 2014 and there is lots of more information and resources at Family Law Reform

For a guide

THE County Court for England and Wales

Mayor's and City of London Court

As from 22nd April 2014, "Local" County Courts have gone and are replaced by a single County Court for England and Wales.  For the relevant legislation see:


Primary legislation:

Crime and Courts Act 2013 section 17 - inserting section A1 into the County Courts Act 1984.  Read section 17 along with the lengthy Schedule 9. 

Corners of the law: liability for omissions

Smile for the Camera: The Double Life of Cyril Smith is a new book looking at the alleged sexual activities of the late Cyril Smith MP.   It is written by Simon Danczuk MP and Matthew Baker and published by Biteback Publishing.  The Daily Mail also reproduced lengthy sections of the book and one headline stated - Cyril Smith victims may sue Lib Dems .. - 'Victims of Cyril Smith are threatening to sue the Liberal Democrats for covering up his decades of sickening sexual abuse ...'   In a previous post - Sir Cyril Smith ~ Corroboration of Evidence (30th November 2012) -  Law and Lawyers looked at the decision not to prosecute Smith in the 1970s.


An Anglican prayer includes the words - ' ...We have left undone those things which we ought to have done; And we have done those things which we ought not to have done ...' - but when, in law, is an individual to be held liable for not doing something?  An alternative way

Unpleasant truths ~ 'Justice' at the crossroads

'Unpleasant truths' is the title of an article by Roger Smith (Visiting Professor London South Bank University) published in the Law Society Gazette 14th April 2014.  Smith begins by noting that - 'We are not winning the battle on legal aid.'  This is not the fault of lawyers, many of whom have fought against cuts to legal aid and other 'justice' reforms introduced by the coalition government since 2010. The country is in limbo with massive cuts being imposed over almost the entire field of public expenditure.  Nowhere near enough voters realise just how much of value is being lost.   Smith argues that the public fight must continue if only to deter worse.  Nevertheless, the legal aid scheme as it has developed since the second world war is bust.  It is not capable of delivering an acceptable breadth of service to the public.  Therefore, Smith argues, a fundamental 'reconceptualisation' is required.

Such an exercise

Means test for Crown Court legal aid

Even where a defendant is found not guilty, he or she may face ruinous costs after acquittal.

Nigel Evans MP (pictured), a former Deputy Speaker of the House of Commons, was acquitted of serious sexual offences - BBC News 10th April 2014. Mr Evans was first arrested on 4th May 2013 and he was acquitted on 10th April 2014.  It is now reported that Mr Evans will have to pay in the region of £100,000 costs - Telegraph 11th April 2014.   The Telegraph article states:

The Crown Prosecution Service’s “disproportionate” decision to use a top barrister in the case against Nigel Evans has left the MP with a huge legal bill, even though he was cleared of all charges.  Mr Evans, 56, was forced to pay more than £100,000 in legal bills to defend himself against a string of sex assault allegations and despite the not guilty verdicts will be unable to reclaim any of the money.  His solicitor, Daniel Burke, said the CPS’s decision to instruct Senior Treasury Counsel, Mark Heywood QC, was above and beyond what would happen in normal cases where the defendant was not in the public eye.  He said had Mr Evans relied on legal aid to fund his defence case, he would not have had the sort of representation to challenge the prosecution team on an equal footing.  Mr Burke suggested the decision had been based on Mr Evans’s profile rather than the requirements of the case.

The parlous state of civil legal aid

Writing in the Law Society Gazette 7th April, Catherine Baksi considered whether the legal profession's doom-laden predictions about the impact of deep civil legal aid cuts have been realised.  The article is at Law Society Gazette 7th April - Access Denied ?

Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, legal aid was turned off for most private family cases (except those involving evidenced domestic violence, child abuse or abduction.  Key further areas removed from the scope of legal aid were welfare benefits, clinical negligence, employment, housing disputes (other than serious disrepair, homelessness or anti-social behaviour), debt, immigration and education (except special needs cases).

Kenneth Clarke's plans to reduce prison numbers