Unfortunately it seems that errors are still being made in investigations which wrongly focus on alleged gang membership rather than individual criminal responsibility. A group is rarely a “gang”. It seems mistakes are also being made at trial where there is a failure to differentiate between principals and accessories.
I also have concerns about appeals which are not aware of all the issues in R v Jogee due to the limited nature of the judgment.
For a useful explanation read our blogs here and look out for further information on Article 7 issues, coming soon.