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18/01/2012
Call To Reform 'Confusing' Gang Laws
MPs have called for a change to the UKs laws on the actions of criminal gangs, which they say are currently "too confusing".
According to the Justice Select Committee, the law on joint enterprise - which covers the responsibility of a whole gang for the actions of any single member - is so confusing for juries and courts that fresh legislation is needed to "ensure justice for both victims and defendants".
A change in the law could have a major impact on cases such as that of the Stephen Lawrence. His killers, Gary Dobson and David Norris, who were jailed last month, were members of a gang that attacked the black teenager and police have been struggling to prosecute the other suspected members of the gang.
The Chair of the Justice Select Committee, the Rt Hon Sir Alan Beith said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict. This issue should not wait for a general review of the law of homicide which few governments would be willing to undertake."
The MPs are also calling on the Director of Public Prosecutions to produce guidance for prosecutors on joint enterprise, particularly in cases of gang-related homicide.
Sir Alan added: "The law on joint enterprise has a role in deterring young people from becoming involved in gangs but confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice. It is also important to ensure that young people are not unnecessarily brought into the criminal justice system when they are on the edge of gang-related activity."
(DW)
According to the Justice Select Committee, the law on joint enterprise - which covers the responsibility of a whole gang for the actions of any single member - is so confusing for juries and courts that fresh legislation is needed to "ensure justice for both victims and defendants".
A change in the law could have a major impact on cases such as that of the Stephen Lawrence. His killers, Gary Dobson and David Norris, who were jailed last month, were members of a gang that attacked the black teenager and police have been struggling to prosecute the other suspected members of the gang.
The Chair of the Justice Select Committee, the Rt Hon Sir Alan Beith said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict. This issue should not wait for a general review of the law of homicide which few governments would be willing to undertake."
The MPs are also calling on the Director of Public Prosecutions to produce guidance for prosecutors on joint enterprise, particularly in cases of gang-related homicide.
Sir Alan added: "The law on joint enterprise has a role in deterring young people from becoming involved in gangs but confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice. It is also important to ensure that young people are not unnecessarily brought into the criminal justice system when they are on the edge of gang-related activity."
(DW)
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