Blog - The Verdict
MSB Solicitors Liverpool
Thursday, 18 February 2016 00:00

Has the Supreme Court today opened the floodgates?

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Sean Sexton, partner in our crime team has welcomed the decision of the Supreme Court to correct the interpretation of so called “joint enterprise” law.
 
He said:
 
“There is no doubt in my mind that a large number of people have been unjustly convicted of serious offences including murder over the last thirty years because of the misinterpretation of the mental element required for somebody to be convicted on a joint enterprise basis.”
 
Sean cautioned, nevertheless, that it will be a long, hard struggle for those who seek to overturn convictions in joint enterprise cases. He continued:
 
“Every case will have to be considered on its own facts. The Court of Appeal will be very reluctant to open the floodgates to thousands of potential appeals.
 
 “The Supreme Court itself made clear that their putting the law right does not render invalid all convictions which were arrived at over many years by courts faithfully applying the law as then laid down.
 
 “Existing convictions can be set aside only by seeking exceptional leave to appeal to the Court of Appeal out of time.
 
 “The Court of Appeal will not grant leave to appeal simply because the law then applied has now been declared to have been mistaken.
 
 “Whilst the Supreme Court decision today gives hope to many, it is only the start of a long process with an uncertain outcome.”
Read 1571 times Last modified on Friday, 19 February 2016 10:26
Sean Sexton

Sean was one of the founding partners of MSB Solicitors.
Twitter handle: @seansexton58

twitter.com/seansexton58

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