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Consultation on CPS Legal Guidance on Secondary Liability

What is this consultation about?

The CPS has revised its Legal Guidance on Secondary Liability (previously titled "Joint Enterprise") following the decision of the Supreme Court in R v Jogee; Ruddock v The Queen [2016] UKSC 8; UKPC 7.

This Legal Guidance has been published in interim guidance form, which you should read in order to respond to the consultation. The interim guidance will be in effect during the period of this consultation. If the consultation results in changes being made to this interim guidance, the legal guidance will be updated accordingly.

The Supreme Court addressed the controversial doctrine of "parasitic accessory liability" (PAL). Where PAL applied, if two people (D1 and D2) set out to commit crime A, and in the course of that venture D1 commits crime B, D2 would be guilty as an accessory to crime B if he had foreseen the possibility that D1 might act as he did.

The Supreme Court held that the law had taken a wrong turn 30 years earlier and was in error, as it equated foresight with intent to assist. The correct approach is to treat foresight as evidence of intent to assist D1 in crime B.

This consultation document sets out the main principles of secondary liability, as stated in Jogee, and provides guidance on how prosecutors should approach charging decisions in cases of secondary liability, in particular those that involve conditional intent and those that involve group assaults.

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Questions for consultation

In advance of its finalisation and implementation, we would welcome your views on four specific questions regarding the guidance:

  1. Does the section on Principles of Secondary Liability cover all the main principles accurately?
  2. Does the section on Conditional intent cases provide clear guidance that accurately reflects the law post-Jogee?
  3. Do the sections on charging group assaults provide clear guidance on how to approach charging decisions in such cases post-Jogee?
  4. Do you have any further comments on the Legal Guidance on Secondary Liability?

Any comments that you have outside these questions are also welcome.

How to Respond

It would be helpful if you could give your feedback using the Secondary Liability Consultation response form from this website for ease of analysis.

Please return your completed feedback to secondaryliability.consultation@cps.gsi.gov.uk by 23:59 hrs on 28 September 2017.

If you are replying by email, we would be grateful if you would not attach any other documents to the consultation response form document. There are limits on the size of documents that we are able to accept and any completed response form document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us, or raise any queries that you have on the consultation, these can be submitted separately to the same e-mail address shown above.

We would prefer electronic submissions if possible but, if you would rather submit your feedback in hard copy it can be returned, by the same date, to:

John Edwards
Secondary Liability Consultation
Crown Prosecution Service
9th Floor North
Rose Court
Southwark Bridge Road
LONDON SE1 9HS

Please include your name, organisation (if applicable), postal address, telephone number and email address in any response.

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Welsh language documents/dogfennau yn yr iaith Gymraeg

Gallwch ymateb i'r ymgynghoriad yn y Gymraeg. Gweler isod am dolenni i'r dogfennau perthnasol.

Atebolrwydd Eilaidd: penderfyniadau cyhuddo ar y prif droseddwyr a'r affeithwyr - yn y Gymraeg, dogfen PDF - 166kb

Templed ymateb ar gyfer ymgynghori ar gyfarwyddyd cyfreithiol ar atebolrwydd eilaidd - yn y Gymraeg, dogfen Word - 17kb

Yn cynnwys cysylltiadau i cyfieithiadau Cymraeg o bob ymgynghoriad ac ymateb ffurflenni.

Alternative formats

If you require a copy of the consultation papers in any other format, for example, large print or Braille, please contact the e-mail or postal addresses above.

Next steps

After the consultation closing date, we will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.

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Government Consultation Principles

The Consultation Principles 2016 are available from the Cabinet Office website (opens in new window).

Responses: Confidentiality and disclaimer

The information you send us may be passed to colleagues within the CPS, the Government or related agencies.

Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation including the Freedom of Information Act 2000 (FOIA).

If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.

Please ensure your response is marked clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. The CPS will process your personal data in accordance with the Data Protection Act 1998 - in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

We look forward to receiving your feedback.

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