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The impact of R v Jogee: an examination of applications to the Criminal Cases Review Commission (CCRC)

The impact of R v Jogee: an examination of applications to the Criminal Cases Review Commission (CCRC)

Hewitt, Louise (2023) The impact of R v Jogee: an examination of applications to the Criminal Cases Review Commission (CCRC). Report. Criminal Cases Review Commission (CCRC), Birmingham, UK.

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The focus of this research is to advance an understanding of the applications that the CCRC receives where the applicant has been convicted under joint enterprise liability. This involved reviewing 247 applications made between 2009 and 2020 from individuals convicted under joint enterprise, for convictions that ranged from 1978 to 2020.
This study explored:
• the type of joint enterprise that is the subject of applications to the CCRC;
• how the corrected law in Jogee is being used in applications;
• the number of applicants that had legal representation; and
• the demographic characteristics of applicants.
The conclusions, in summary are:
1. Individuals convicted as secondary parties to a joint enterprise form the highest number of applicants to the CCRC.
2. A low number of applications sought to use the corrected law in Jogee and argue a substantial injustice according to Johnson.
3. Although applicants are able to find legal representation, the quality of it varies and some advice appears misguided. This is especially true where Jogee is referred to for individuals convicted as joint principals or used alone without reference to substantial injustice.
4. A low number of applicants identify as Black British, where existing data suggests this demographic has the highest conviction rate as secondary parties.
As a result of these conclusions the recommendations made concern: the statutory real possibility test being placed in a framework of developing Court of Appeal Criminal Division (CACD) jurisprudence concerning substantial injustice, which specifically affects applications from secondary parties convicted using joint enterprise; how the CCRC should provide an advisory note to legal representatives where they use the corrected law from Jogee incorrectly; and the need for further research into the low number of applications from Black British men convicted as secondary parties despite existing research showing they are disproportionately represented in conviction rates.

Item Type: Monograph (Report)
Uncontrolled Keywords: joint enterprise; CCRC; Jogee
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 17 Feb 2023 16:53

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