Inside Time has quoted Helen Mills from the Centre on Joint Enterprise reform.
The article examines the Law Commission’s proposals for reforming homicide law and the need for further action on Joint Enterprise.
The Law Commission has proposed replacing the current two-tier structure of homicide offences, murder and manslaughter, with a three-tier structure of first-degree murder, second-degree murder and manslaughter. The proposals are the first strand of its wider review of homicide law, with further work on defences and the sentencing framework for murder to follow.
The review does not make recommendations for reforming Joint Enterprise. The Law Commission explains that, because the law of complicity applies across criminal law rather than exclusively to homicide, reform of Joint Enterprise falls outside the scope of the homicide review.
However, the Commission states that the issues surrounding Joint Enterprise require urgent review and resolution through a separate exercise.
Speaking to Inside Time, Helen Mills welcomed the Commission’s recognition of the need for change, while highlighting the unanswered question of how meaningful reform will be achieved.
Helen said: “I understand why the Law Commission felt a homicide review wasn’t the vehicle to reform the laws and practices around Joint Enterprise – complicity runs across all of criminal law, not just homicide. Let’s take the good from this. The Commission is unequivocal about the need for change on Joint Enterprise, and it gives due recognition to the long-standing evidence and advocacy efforts on this issue.”
She also emphasised the need for a clear route towards reform, asking: “what route will actually deliver meaningful change? And when?”
Helen suggested that a Government-commissioned independent review would provide a starting point for addressing the longstanding concerns surrounding Joint Enterprise.
Read the full article, including Helen’s comments, in Inside Time.
