A jury has acquitted six young Black boys of all charges after rejecting the prosecution’s attempt to convict them under joint enterprise laws.
Joint enterprise allows for the prosecution of individuals not only directly responsible for a crime but also those who may have encouraged or failed to prevent it.
Deshaun James-Tuitt was stabbed in Highbury Fields, North London, in 2022. He died from his injuries. A 17 year old, who cannot be named for legal reasons, has been convicted for the attack. Six other boys were tried for the murder under joint enterprise. JP, aged 15, was charged with murder, manslaughter, and possession of a bladed article, all of which were dismissed. OR, also 15, faced murder and manslaughter charges and spent almost a year in custody before being cleared of all accusations.
Following a four-month trial and 33 hours of deliberation, the jury found the prosecution’s case insufficient. The defence did not need to call a single client to testify or cross-examine a witness. It was determined that the stabbing was a spontaneous act, undermining the premise of joint enterprise liability.
Keit Montkeith KC, a defence barrister, said ‘this case is yet another example of why joint enterprise laws require immediate reform’ and urged ‘parliamentary review.’ He also criticised the immense waste of public resources on such cases, which cost hundreds of thousands of pounds and delay justice for other victims.
The Justice Gap has previously reported on the launch of a Parliamentary Inquiry, The Westminster Commission on Joint Enterprise. Launched by the All Party Parliamentary Group on Miscarriages of Justice, whose Chair Kim Johnson MP has expressed considerable concern about this issue stating: ‘Joint enterprise law must reflect justice, not disproportionate punishment and the increasing criminalisation of Black young men and children and white working-class boys.’