Government challenged on joint enterprise
The lack of new government action on joint enterprise was criticised in the House of Lords on Thursday.
Parliamentarians from all three main political parties raised questions following Lord Woodley asking the government;
What steps they are taking to address concerns that joint enterprise case law operates in a harsh way against young black men.
The peer’s question followed last month’s publication by the Crown Prosecution Service (CPS) of new data showing Black young men aged 18-25 were the largest demographic prosecuted under the legal doctrine of joint enterprise. Referring to the findings, Lord Woodley said;
Black people are 16 times—I repeat, 16 times—more likely than white people to be prosecuted for homicide or attempted homicide under joint enterprise laws. It is absolutely shocking, as I am sure your Lordships all agree. Does the Minister therefore agree that this proves indisputably that joint enterprise is being used in a racist way by prosecutors, and basically as a dragnet to hoover up black urban youth?
A more detailed analysis of the CPS findings can be found here. The results of the CPS pilot confirm that of previous studies, including the Centre’s research published last year, which showed the overrepresentation of young Black men has been consistent over at least the last decade.
Government spokesperson Lord Bellamy conceded there were questions about the scope of the current law;
“It is an essential part of our criminal law to have a joint enterprise doctrine. The question is: where are the edges to the doctrine?
However, no new government action was proposed in response to the data and the questions it raises. Helen Mills, Head of Programmes at the Centre for Crime and Justice Studies, said;
We welcome the questions Lord Woodley and other peers have raised. They demonstrate significant concerns and questions about joint enterprise are a cross-party issue. The government needs to step up and commit to a comprehensive inquiry to address whether the current laws and practices underpinning them are fit for purpose, and what a fair, just approach to prosecuting groups looks like. This issue deserves more than the weak, neglectful approach it has so far received by government. Joint enterprise is not simply a legal matter to be left to the courts.
You can read the whole House of Lords debate here.