We represented a vulnerable child charged with multiple offences in a joint enterprise case. At the time of the incident, our client was a 14 year old child of previous good character.
The Crown’s case
Our client faced the following charges:
- Section 18 GBH
- Robbery
- Possession of a bladed article in a public place
- Racially aggravated Section 4A Public Order Act
It was the Crown’s case that our client was involved in a serious incident in which the complainant was stabbed. Mobile phone footage captured the incident and the Crown Prosecution Service (CPS) put their case on a joint enterprise basis. The CPS also alleged that our client racially abused a staff member at the police station after their arrest.
Youth court proceedings
Despite the seriousness of the allegations, the Youth Court retained jurisdiction. This meant that our client’s trial took place in the Youth Court; the proper trial venue for any child. We successfully applied for a certificate for assigned advocate. This gave our client the benefit of both a specialist solicitor and specialist advocate; the same protections that would be afforded to them if they were an adult in the Crown Court.
Support for a vulnerable child
We instructed Dr Alison Conning, a child psychologist, who outlined our client’s vulnerabilities as well as Triangle, who prepared a comprehensive report detailing our client’s communication needs. To ensure that our client was able to effectively participate throughout the proceedings, we applied for special measures and our client was granted an intermediary for the duration of the trial.
Representations
Before the trial, we invited the CPS to review the offences of s.18 GBH and possession of a bladed article against our client. We argued that there was no evidence to suggest that our client assisted or encouraged the commission of the offence. However, the CPS maintained that they were proceeding with the case against our client and stood firm in their view that the incident was a joint enterprise.
On the first day of our client’s trial, the CPS laid a further alternative charge of s.20 GBH. However, following repeated representations and requests for review, the CPS eventually offered no evidence in relation to the offences of s.18 GBH and possession of a bladed article against our client. The alternative charge of s.20 GBH was also withdrawn.
Final outcome
Our client pleaded guilty to the offence of robbery. The CPS refused to discontinue the offence of racially aggravated s.4A POA despite representations being made in relation to our client’s young age and vulnerabilities, the circumstances of the incident and the extensive guidance in relation to the unnecessary criminalisation of children and young people. The matter proceeded to trial and our client was found not guilty without our client having to give evidence.
Our client was sentenced to a 6 month Referral Order for the offence of robbery and an unrelated matter to which they had previously pleaded guilty.
Our client was represented by Sabrina Neves, a solicitor in our Youth Crime Team, and Elena Papamichael, counsel from Garden Court Chambers
FAQs
- What is the offence of s.18 GBH?
The offence of s.18 GBH is a very serious one. It is where someone intentionally causes another person grievous bodily harm. In the case of an adult, it can only be tried in the Crown Court and can carry a sentence of up to life imprisonment. - What is joint enterprise?
Joint enterprise is a complex area of law. It means that more than one person can be held responsible for an offence if they encouraged or assisted its commission. - Can I be convicted under joint enterprise without directly committing the crime?
Yes. You can be convicted if the prosecution proves you encouraged or assisted the offence. This can happen even if you didn’t commit the main offence yourself. - Will serious cases involving children be heard in the Youth Court or Crown Court?
The starting point is that trials involving young defendants should be heard in the Youth Court. However, this is dependent on a number of factors including the nature of the allegation and whether there are any adult defendants. - What special measures are available for vulnerable children in court?
Special measures can include intermediaries, adapted communication, and other support to help vulnerable children understand and effectively participate in legal proceedings. - What can I do if I’m charged under joint enterprise?
You should seek immediate legal advice. A solicitor can assess whether there is enough evidence that you encouraged or assisted the offence
Joint enterprise cases can be complex, especially for young people. Contact our Youth Crime team for tailored legal advice and representation.
