Question to the Attorney General:

To ask the Attorney General, pursuant to the Answer of 11 January 2024 to Question 8608, Aiding and Abetting, if she will direct the Crown Prosecution Service to clarify in future guidance that joint enterprise only applies where persons intentionally assist or encourage another to commit a crime.

The Crown Prosecution Service (CPS) guidance is issued in accordance with the law as it currently stands.

The law on joint enterprise is a common law doctrine and is not currently governed by statute. A decision to legislate in this area (if deemed appropriate) is the responsibility of the Secretary of State for Justice.

The current guidance covers the main principles of joint enterprise, as clarified in the lead case of R v Jogee. It is clearly stated in the guidance that a secondary party to an offence must intend to encourage or assist the commission of the crime by another person.