In a new article for the Justice Gap, Felicity points out that the Criminal Bar Association’s position on Joint Enterprise, which defends the high-threshold “substantial injustice” test for post-conviction appeals, risks “placing institutional convenience above the fundamental pursuit of justice”. The Criminal Bar Association of England and Wales recently made a submission to the Law Commission’s consultation paper on Joint Enterprise, which acknowledged the problems with the current test, but voiced concerns about a deluge of appeals resulting from a lowered threshold.
Image: Court sketch from R v Jogee by Isobel Williams
