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Murder Law Misinterpreted for 30 Years Joint Enterprise Murder: Foresight Doesn’T Prove Guilt John Mcavoy Ironman Competitor

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Murder Law Misinterpreted for 30 Years Joint Enterprise Murder: Foresight Doesn’T Prove Guilt John Mcavoy Ironman Competitor “The tide is beginning to turn” James Timpson - new Chair of the Prison Reform Trust Through the Gate // page 28 “Cast-iron window frames “There was something oozed rusty water down surreal about watching men the National Newspaper for Prisoners & Detainees paint-fl aked walls and a watching a fi lm about their ‘Hit The fi lm of slime lined the work from inside prison when a voice for prisoners since 1990 treacherous concrete fl oor” I’d already seen it outside” Road Smack’ March 2016 / Issue No. 201 / www.insidetime.org / A ‘not for profi t’ publication / ISSN 1743-7342 Name withheld Rachel Billington Alison Henderson An average of 60,000 copies distributed monthly Independently verifi ed by the Audit Bureau of Circulations Mailbag // page 4 Diary // page 16 Comment // page 24 Murder law misinterpreted for 30 years Joint enterprise murder: foresight doesn’t prove guilt John McAvoy Ironman competitor Geir Madland jury’s role in establishing a Ameen Jogee was convicted From Prison Van to Ironman: “It’s sad how co-accused’s intention to ac- of the murder of former police tively encourage the murder. officer Paul Fyfe even though many talented people there are in our prisons, A landmark ruling, handed “The correct position is that… Jogee was outside the allowing their talent to go to waste. I’ve trained down by the Supreme Court foresight of what the principal Leicester house in which of England and Wales last might do is evidence from Mohammed Hirsi killed Fyfe with Olympic Gold Medallists since I’ve been out, month, is being seen by cam- which the jury may infer that with a kitchen knife. paigners as an important he intended to assist or en- breakthrough in the contro- but I knew a lot of people in prison who are on courage to do so,” President The Supreme Court ruling sets versial law of Joint Enterprise. of the Court Lord Neuberger out the need for the law on Noel Smith interviews John McAvoy former prisoner page 40 In a much anticipated judg- par with them” said, “but it is for the jury to joint enterprise to be brought ment, the Supreme Court has decide on the whole evidence back to the threshold required ruled that, for thirty years, before 1984, namely to show of whether he had the neces- joint enterprise law has been the intention of murder by any There but for the grace of God… sary intent.” wrongly interpreted. This secondary parties. It aims to Before becoming Conservative Member of Parliament for judgment does not relate to bring “the mental element The judgment comes in rela- Somerton and Frome David Warburton worked as a shop the principal participant in required of a secondary party assistant, a cleaner and a van driver while singing and playing the crime but to secondary tion to two joint enterprise back into line with that which lead guitar and keyboards in a succession of rock bands. He persons on the periphery of murder cases, one in is required of the principal also worked as a teacher and later went on to found a suc- the incident. For decades, ju- Nottingham, one in Jamaica, and to bring the law back to cessful global music business. Last month he wrote in his ries have been directed that a for which convictions have the principles which had been local paper about the need for a renewed focus on education secondary co-accused’s fore- now been overturned. The established before the law and work for people in prison, a piece which was generally sight of the principal attack- error was traced back to a took a wrong turn”. er’s intention to kill is suffi- 1984 judgment by the judicial received favourably by his constituents. Writing for Inside cient proof of murderous guilt. committee of the Privy Time he explains why he welcomes the Prime Minister’s This judgment emphasises the Council. Continues on page 25 planned prison reforms ... Read full article page 14 Crime Appeals Prison Law Unhappy with your solicitor? Transfer Head of Department—Jo Davidson your case now. CONVICTED OF JOINT ENTERPRISE? ‹ cm ‹ Legally Aided Services Fixed Fees (from £150.00) The supreme court ruling in the case of R v Jogee We are leading Defendant Solicitors in: NJGD>D OJMN could mean that you now have grounds for appeal. Parole Guittard Application Contact us urgently for our expert lawyers to Murder/Manslaughter/Attempted Murder Pre-tariff Review assess your case. Re-call EMAP Terrorism Re-cat Reviews Adjudication Conspiracy Cases: Drugs, murder, grooming, robbery, firearms, The country’s leading experts in Representation against return to human trafficking & others serious, complex and high profile appeals. Sentence Calculation closed condition We have represented clients on some of the most complex Serious Assault & Torture and high profile crime and appeals cases in recent years POCA Transfers Gang Crime: Firearm Offences, Extortion, Torture including: HDC Serious Sexual Offences & Historic Sexual Offences R v Barry George (Jill Dando case), Registered with Robbery R v Levi Bellfield (Milly Dowler case) › › Dedicated prisoner hotline: 0161 833 9253 Manchester Office: 13 St John Street, Manchester, M3 4DQ Website: www.cmsolicitors.co.uk where lients atter Freephone: 0800 1 444 111 London Office: 15 Old Bailey, London, EC4M 7EF Video link: Nationwide service 2 Mailbag ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton SO30 2GB. Insidetime March 2016 insidetime Star Letter of the Month ‘Excessive a voice for prisoners since 1990 Congratulations to this months winner who receives our £25 prize force and intel’ the national newspaper for prisoners published by Dean Worthington - HMP Peterborough Inside Time Limited, a wholly owned subsidiary of ‘Time to change public perception about prison’ The New Bridge Foundation, founded in 1956 to I am writing in regards to January’s issue create links between the offender and the Name Withheld - HMP Low Moss community. and the piece about excessive force being used to restrain an inmate and how Security A not for profi t publication. Once again it has been £20 to £30 when buying in don’t speak to their clientele can use ‘intel’ (intelligence) received and act Inside Time is wholly responsible for its editorial reported in a red-top rag bulk wholesale. Televisions in the way these overpaid, on it. content. Comments or complaints should be about how ‘cushy’ life is in can, and oft en are, removed glorifi ed security guards in directed to the publisher and not to New Bridge. prison. I am sick and tired of from prisoners as punish- prisons speak - with utter My next door neighbour on the wing was reading the disillusioned ment for a breach of the disregard, rudeness or subject to a cell spin (cell search) and when Board of Directors perceptions many members rules. And why is it never complacency. Not only to the inmate returned to his cell a scuffl e broke of the public and reprobate mentioned that the introduc- prisoners but to prisoners’ out between him and Security staff . I do not Trevor Grove Former Editor Sunday Telegraph, Tory politicians have about tion of in-cell television has families too. Journalist, Writer and serving Magistrate. know who started it but it ended up outside Dr Peter Bennett Trustee, New Bridge the ‘luxurious’ lives that reduced violent behaviour my cell door and I witnessed at least 8 Foundation and former Governor of HMP Grendon prisoners supposedly lead. dramatically? I’m forever reading about members of staff laying in to this inmate. Geoff Hughes Former Governor of HMP Belmarsh Tory politicians and tabloids how sumptuous the food is Bear in mind that this inmate was brought constantly drone on about in prisons and I look John D Roberts Former Company Chairman and “ I am genuinely sorry here with a broken foot and leg from a Managing Director employing ex-offenders how prisoners are a drain on forward to top notch meals, previous cell extraction and he had only Louise Shorter Former producer, BBC Rough Justice for the crimes I’ve the public purse, so it may but all I get is cold, con- been off crutches 2 weeks. Alistair H E Smith BSc FCA Chartered Accountant, surprise them to know that committed and want to gealed child-portion size Trustee and Treasurer, New Bridge Foundation many prisoners will have use my time in prison slop served to me aft er it has been tax-paying citizens at lain in a so-called hot trolley “ Since I agreed to give evidence I The Editorial Team some point in their lives. to better myself and for a couple of hours. Prison have had my job with The Shannon become a useful menus may look good on Trust taken off me, lost my job on I, for one, think it is time to member of society paper, but the reality is very challenge public perception diff erent. 5-star it certainly the servery and have been dropped about prison. Prisons do not upon release ” is not. from Enhanced to Standard all with- just hand out PlayStations to out even receiving an IEP warning ” prisoners at the tax-payers Prisons provide the most The media has a big part to expense. If a prisoner wants basic sundry items to each play in the false portrayal of Erwin James John Roberts Rachel I am giving evidence at the adjudication, a PlayStation, he or she must and every prisoner, any- prisoners and life in prison. Editor in Chief Publisher and Billington OBE thing in a cell or a prisoner’s along with two other inmates, and since I Associate Editor reach the highest level of the I would like to see some of Director possession that might be agreed to give evidence I have had my job IEP (Incentive and Earned these deluded individuals with The Shannon Trust taken off me, lost Privileges) scheme through considered a ‘luxury’ will who think life inside is Offi ce Manager have been bought by the my job on the servery and have been Lucy Forde constant good behaviour, luxurious, live for a week dropped from Enhanced to Standard all then save up the money from prisoner, his family, and exactly as a prisoner does Administration friends outside.
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