Overview

This bill aims to reform the law on joint criminal enterprise in England, Wales, and Northern Ireland. It seeks to clarify the circumstances under which someone can be held criminally liable for a crime committed by another, focusing on the level of contribution to the crime.

Description

The Joint Enterprise (Significant Contribution) Bill amends the Accessories and Abettors Act 1861. Currently, individuals can be held criminally liable for a crime even if they didn't directly commit it, under the principle of joint enterprise. This bill introduces a new threshold: a person can only be held liable if they either directly committed the offence or made a "significant contribution" to its commission. This change affects how complicity in crime is determined, requiring a more substantial level of involvement for criminal liability.

Key Changes

• Adds the phrase ", by making a significant contribution to its commission," to section 8 of the Accessories and Abettors Act 1861.
• Applies to England, Wales, and Northern Ireland.
• Comes into effect 90 days after passing.

Government Spending

The bill doesn't directly specify any changes to government spending. The potential impact on government spending is indirect and difficult to quantify at this stage. It might affect the costs associated with prosecutions and imprisonment, but the overall effect is uncertain.

Groups Affected

This bill primarily affects:

• Individuals accused of crimes under the principle of joint enterprise: This bill could lead to fewer convictions for individuals who were previously held liable under a less stringent standard of involvement.
• Prosecutors: The introduction of the "significant contribution" threshold will alter the prosecution strategy for joint enterprise cases. It may increase the need for stronger evidence for successful prosecutions.
• The Judiciary: Judges will need to interpret the meaning of "significant contribution" and apply the new legislation in court cases.
• Victims of crime: The impact on victims is less directly quantifiable, as it depends on the outcome of specific cases. Potentially, it could result in fewer convictions for those involved in crimes, although the bill doesn't intend to reduce the prosecution of those truly responsible.

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