A woman from Surrey is continuing her fight for justice for her son, who was convicted of murder under joint enterprise laws despite never having killed anyone. More than a decade after the conviction, Dr Sally Halsall remains determined to secure his release from prison.
On 6 August 2013, Alex Henry, then 21, was involved in a confrontation in London alongside three friends. During the incident, he threw a punch and his phone before fleeing the scene. Unbeknown to him at the time, one of his friends had used a knife to fatally stab a man. Alex Henry was later convicted of murder, even though he had not physically harmed the victim. He was sentenced to 19 years in prison in 2014.
Dr Halsall, from Walton-on-Thames, described the impact of the conviction on her family: “It’s life-changing, it’s never the same again, it’s a ripple effect for the whole family, it’s taken over our lives.” Despite the passage of years, she continues to campaign for reform alongside MPs to secure the release of those convicted under joint enterprise laws.
Joint enterprise allows individuals who assist or encourage someone else to commit murder to be convicted of the same offence. The law was revised in 2016 following a Supreme Court ruling which found that a person could not be found guilty merely because they could have foreseen the crime. Instead, liability now requires evidence that the person intended to assist in committing the offence.
Dr Halsall highlights that her son was diagnosed with autism after his sentencing, arguing that he could not have understood that a murder was about to occur. She maintains that this diagnosis, combined with the revised interpretation of joint enterprise, underscores the injustice of his continued imprisonment.
Zoe Franklin, MP for Guildford, recently addressed the matter in parliament, stressing that people remain in prison for offences under laws that have been materially changed or abolished. She is advocating for amendments to the government’s sentencing bill that would provide a “fair route” for individuals convicted under joint enterprise to appeal their sentences.
“The Supreme Court has already admitted that this law is wrong, but there’s still no legal way for those convicted to have their cases reviewed,” said Ms Franklin. “We need a justice system that allows courts to review such cases so that punishment reflects the law as it stands today, not as it stood decades ago.”
Despite ongoing advocacy from MPs and legal supporters, Dr Halsall is sceptical about the chances of meaningful change. “We keep fighting, but over the last 12 years we have had so many MPs fighting for him but nothing happens,” she said. “An MP can only push and raise your cause, they can’t change the law. There will always be people who don’t understand.”
A spokesperson for the Ministry of Justice said: “We are aware of concerns that these prosecutions may disproportionately affect some communities. However, it is important that those who do commit crimes are brought to justice. We will continue to keep this matter under review.”
Alex Henry’s case remains a focal point for debate over the fairness of joint enterprise convictions and their lasting consequences for individuals and families. Advocates argue that reform is crucial to ensure the justice system reflects contemporary legal standards, particularly for those who never intended to commit the crime for which they were convicted. For Dr Halsall, the fight is far from over, with the ultimate goal of securing justice for her son and others caught in the fallout of a legal framework she believes is outdated and unfair.
