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joint_enterprise [2017/09/29 16:11] frescom created |
joint_enterprise [2017/09/29 16:13] frescom |
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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 | ||
joint_enterprise.txt · Last modified: 2017/09/29 16:19 by frescom
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