Duty solicitor's 'no comment' advice backfired in court, says joint enterprise defendant

Solicitors, barristers and judges should be trained on the ramifications of joint enterprise, according to a new report detailing first-hand accounts from families sharing what they felt were poor experiences with lawyers, lack of information, little empathy and dismissive judges.

Campaign group JENGbA (Joint Enterprise Not Guilty by Association) facilitated four ‘listening days’ with 41 family members and friends affected by joint enterprise, a common law doctrine that can apply where two or more people are involved in an offence.

One parent found out at the end of the trial, where someone else had already pleaded guilty to the crime, that their son was going to be charged under joint enterprise.

A participant who served time in prison after being found guilty under joint enterprise, said: ‘I was on bail during the trial. I got the duty solicitor in the police station. I was just in shock. My solicitor kept advising “no comment, no comment” but that backfired in court when I was asked why I didn’t give a statement.’

The report says there was agreement among family and friends participating in the listening days that saying 'no comment' was used against their loved ones in court.

In another case, a family member was tried twice. A parent said: ‘On the first day of the trial they were charged with murder. Although the legal team advised guilty to manslaughter they all pleaded not guilty because they hadn’t done anything. Second trial manslaughter was taken off the options.

‘My son stood in the dock and gave evidence. Afterwards, the judge told the jury to disregard what he said because of what happened in the first trial. How can the judge mention the first trial to a different jury?’

Recommendations include having a bank of experienced lawyers, fully aware of the use of joint enterprise, who can help at charging stage, and training solicitors, barristers and judges on the ramifications of joint enterprise.

The report was unveiled at an event in parliament this month hosted by the all-party parliamentary group on miscarriages of justice to mark a new Westminster Commission on Joint Enterprise.

APPG chair Kim Johnson MP said: ‘The majority of the public do not know anything about joint enterprise… We know joint enterprise has a massive impact on young black men in our communities. We know from research carried out by the Crown Prosecution Service they are 16 times more likely to be prosecuted and convicted of joint enterprise. That is unacceptable.’