Joint Enterprise Killings (Hansard, 3 June 1998)

§ Mr. Burstow
To ask the Secretary of State for the Home Department what assessment he has made of the law relating to killings described as joint enterprise killings in non-UK jurisdictions. [44055]

§ Mr. Michael
When the Law Commission drew up their proposals contained in their consultation paper (No. 131) entitled "Assisting and Encouraging Crime" in September 1993, they looked at how the law in Australia, Canada, New Zealand and the United States of America deals with those who participate in a common criminal enterprise. An account of the law in each of these jurisdictions is set out in an Appendix to their consultation paper.
The Law Commission expect to produce a report in due course and I understand that they will bear in mind the experience of these other jurisdictions. Once the report is received, the Government will consider whether the law in this area needs to be changed.
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§ Mr. Burstow
To ask the Secretary of State for the Home Department what plans he has to revise the law relating to killings described as joint enterprise killings. [44057]

§ Mr. Michael
The doctrine of joint enterprise is under consideration by the Law Commission who discussed the issues as part of their consultation paper (No. 131) entitled "Assisting and Encouraging Crime", issued in September 1993. Although completion of the project has been delayed to take into account the implications of the House of Lords decision in Rv. Powell and another and R v. English, I understand that a report will be available in due course and that it will reflect the responses to the consultation paper and the development of the law, including any subsequent decisions and problems that have emerged. The Government will then consider whether the law in this area should be revised.

§ Mr. Burstow
To ask the Secretary of State for the Home Department what representations he has received on the law relating to killings described as joint enterprise killings. [44056]

§ Mr. Michael
Some 41 letters were received about the death of Sarah Adams, whose parents were convicted of cruelty, together with one other representation about joint enterprise, in the past six months. The Department does not keep records which would enable use to identify this topic with certainty: it may arise in the context of crimes other than murder, or on an appeal; such representations may be recorded in a way that does not identify a link to the doctrine of joint enterprise.