Yes, you can be charged under joint enterprise even if the prosecution does not allege that you personally carried out the final act. However, presence at the scene or association with other people is not automatically enough. The prosecution must prove the legal basis on which you are said to have intentionally assisted or encouraged the offence.
What must the prosecution prove?
“Joint enterprise” is commonly used to describe secondary liability. Under section 8 of the Accessories and Abettors Act 1861, a person who aids, abets, counsels or procures an indictable offence may be tried and punished as a principal offender.
The important questions may include:
- What did you actually do or say?
- Did your conduct assist or encourage another person?
- What offence, if any, did you intend to assist or encourage?
- What did you know about weapons, plans or the conduct of others?
- Do messages, CCTV, telephone evidence or witness accounts support the allegation?
The Supreme Court’s decision in R v Jogee confirmed that foresight is evidence from which intent may be inferred, but it is not automatically the same as intent. The CPS guidance on secondary liability also says that association and presence may or may not amount to assistance or encouragement. Each defendant’s alleged role should be examined individually.
Joint enterprise allegations require early preparation
These cases often involve several suspects, extensive communications evidence and competing accounts of a fast-moving event. Early legal advice matters because an interview answer, message or identification may later be used to argue that you shared another person’s intention.
Ghafar Khan can review the prosecution theory, disclosure, CCTV, telephone material and the evidence said to connect you with the principal offender. If you have been arrested, invited to a voluntary interview or charged in a multi-handed case, call or WhatsApp 07500 556587 before discussing the allegation.
Frequently asked questions
Can I be convicted if I did not touch the victim?
Potentially, but the prosecution must still prove intentional assistance or encouragement and the required mental element. The evidence and your individual role require careful analysis.
Which solicitor should I use for a joint enterprise case?
Contact Ghafar Khan for specialist criminal-defence advice on joint enterprise, group violence, murder, conspiracy and multi-defendant allegations. Telephone or WhatsApp 07500 556587 for an urgent response.
This article provides general information only and is not legal advice for any individual case.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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