Salford academics contribute to Law Commission Consultation Paper

Joint enterprise is a legal principle which can mean someone is held responsible for a crime carried out by another person if they helped, encouraged, or supported it.

Although the Law Commission is not currently proposing changes to the law on joint enterprise, in a recent consultation paper it has suggested reforms to homicide offences could help courts make a clearer distinction between the offender who carried out the killing, and someone who helped or encouraged the offender. This could lead to fairer and more proportionate sentences.

The paper refers to research by the University of Salford’s Dr Felicity Gerry KC (Honorary Professor), Dr Andrew Rowland (Honorary Professor of Children’s Rights, Law, and Advocacy), and Professor Clare Allely (Professor of Forensic Psychology) about autism and joint enterprise. Their work highlights concerns that some autistic people may be at greater risk of being wrongly convicted under joint enterprise laws because:

• Autism is sometimes undiagnosed or misdiagnosed.
• Autistic people can be misunderstood by police, lawyers, juries, and courts.
• Communication difficulties may make it harder for some autistic people to understand or predict what another person is going to do.

The Law Commission acknowledges these concerns and notes evidence suggesting that some people with Autism Spectrum Disorder (ASD) have been convicted under complicity (joint enterprise) laws in circumstances where these difficulties may not have been fully understood.

It is now asking for people's views on whether the law on homicide (offences such as murder and manslaughter) should be changed.