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Podcast: Two stains on the justice system

ByRay Smith

Dec 21, 2024

This is the first in a series of Podcasts in which I will talk about two laws that are being abused in Britain today, wrongly imprisoning thousands. In one case, Parliament scrapped the law 12 years ago but did not make it retrospective, and the other Law was publicly condemned by our Supreme Court in eight years ago. Both have been described by MPs, Lords, former Chief Justices, and more, as stains on British Justice.

The first of those is Imprisonment for Public Protection, and I will come to that next time as well as the Scottish equivalent Orders for Lifelong Restrictions, but today I look here at Joint Enterprise, known as JE.

In this episode I will take you through some of the historic injustices JE has caused through the years, how the law has taken a “wrong turn”, and why it is thousands are wrongly in jail today, particularly youths from Black and minority communities. Also what will be happening now that campaigners hope will put it right.

Joint Enterprise has been part of British law for centuries, but in 2016 the Supreme Court ruled that it had taken a “wrong turn” through past decades, yet nothing has changed. Hear why that is, and learn of two examples where it was clearly wrongly used in the past, listen to some of those involved, learn about those campaigning to end the wrong, and what will be happening this year to try and put it right.

Here you can read more about Edith Thompson, mentioned in this podcast, who was one of the tragic victims. You may well also wish to listen to this BBC Law Show Podcast, the first half of which is on the same subject.

I hope you will listen and comment, and then come back for more in the future. Above all, don’t forget to subscribe.