Court of Appeal refuses to overturn 'joint enterprise' murder convictions
Senior judges have refused to overturn guilty verdicts in the first appeals brought in the wake of a landmark ruling that suggested hundreds of convictions under the controversial "joint enterprise" doctrine could be unsafe.
The appeals were brought following a Supreme Court decision earlier this year that the application of the law on joint (or common) enterprise - which can result in people being convicted of assault or murder even if they did not strike the fatal blow - had taken "a wrong turn".
Monday's ruling by a panel of judges in the Court of Appeal was met with cries of protest from the public gallery where supporters of those appealing their convictions were seated to watch the proceedings.
The decision is a blow to families and supporters of those convicted in group attack trials, and members of JENGbA (Joint Enterprise Not Guilty by Association), a grassroots group that helped to achieve the landmark Supreme Court ruling.
JENGbA campiagner Janet Cunliffe, whose son Jordan was jailed for murder seven years ago under the joint enterprise principle, told ITV News the Court of Appeal ruling was a backwards step.
"The Supreme Court is the highest court in the land and [in their ruling in February] they gave us something to fight with," she said.
"The Court of Appeal has just taken that away."
Although Jordan Cunliffe's case was not one of the appeals considered on Monday, his mother said he would be "disappointed" with the ruling.
"He'll be disappointed," she said. "But not as disappointed as I am because I really thought we'd get justice today."
Joint enterprise has been used over the years to tackle gang violence, with defendants convicted if they could have foreseen that a murder or violent act was likely to take place.
The Supreme Court judgement in February said the "foresight rule" was being misinterpreted, and that juries had to decide "on the whole evidence" whether a person had the "necessary intent" to join in committing a crime.
The Court of Appeals panel was led by Lord Chief Justice Lord Thomas, with Sir Brian Leveson, president of the Queen's Bench Division, and Lady Justice Hallett, vice-president of the criminal appeal courts.