Changing the law on joint enterprise

The attempt comes in the form of a Private Member’s Bill, which Kim Johnson is presenting in parliament today. We are also exploring options to amend criminal justice-related Bills currently going through parliament.

This all follows a private roundtable on legal routes to address some of the injustices of joint enterprise prosecutions that we hosted a couple of weeks ago.

Joint enterprise is used to prosecute someone who intentionally “assists or encourages” an offence. If found guilty, they are punished as harshly as if they had been the principal offender. The problem is that joint enterprise is used in a much wider way, often convicting people who have made no significant contribution to a crime.

In a landmark ruling in 2016, the Supreme Court found that the laws on joint enterprise had taken a “wrong turn” 30 years earlier. Many of us hoped that the ruling would reduce the unjust use of joint enterprise powers. However, research we published last year found that the Supreme Court ruling has had little to no effect on charges or convictions.

If passed, the Joint Enterprise (Significant Contribution) Bill, being presented by Kim Johnson MP, will mean that the level of a defendant’s contribution to a crime would have to be taken into consideration. This doesn’t happen currently.

The Bill was drafted by Felicity Gerry KC, Nisha Waller and others, in discussion with us, JENGbA and other partners. Nisha Waller is also working on a briefing on joint enterprise we will be publishing in 2024.

Speaking today, our Head of Programmes, Helen Mills, said:

Reform of joint enterprise in favour of fair, transparent, accountable practices is long overdue. This bill is an important step in bringing much needed attention to this issue. It is a workable proposal for clarifying the murky laws of joint enterprise.

It would mean courts must consider a defendant made a significant contribution to a crime to find them guilty, which they currently do not.

It is also testament to the value of collaboration. Of bringing together legal experts, campaigners, academics and parliamentarians to build concrete, meaningful change.

Nisha Waller said:

The law on secondary liability, which is too vague and incoherent, currently allows for convictions based on such a minimal level of physical conduct that we must question the potential for miscarriages of justice.

When we add to that the stark racial disproportionality for young black men, and the use of ‘gang evidence’ in joint enterprise trials, we have to acknowledge the very real likelihood that some convictions are underpinned by discriminatory police and prosecution practices.

This bill is a step in the right direction and should encourage wider, meaningful dialogue around the issue. 

Jan Cunliffe of JENGbA said:

JENGbA  have been calling for the reform of Joint Enterprise for over a decade and it is clear the judiciary will not put right the wrong or the harm caused by these dreadful convictions.

We support 1,500 prisoners and their families. Many are children and young adults who have been given minimum tariffs that are longer than they have been alive.

We welcome this bill and the continued support of all those we have been working with throughout this difficult and heart-breaking campaign for justice. 

For more information, check out Kim Johnson’s article in today’s Morning Star.

If you want to find out more about the Bill, feel free to get in touch with Helen Mills.

Selected media coverage

• ‘Time to end the injustice of joint enterprise’, Kim Johnson MP in the Morning Star
• ‘The more I speak with families about joint enterprise the more outraged I become’, Jon Robins in The Justice Gap

• ‘Kim Johnson: MP inspired by TV show to launch bid to reform law’, BBC News

Our work on joint enterprise is part of a wider programme exploring questions of young adult safety and alternatives to criminalisation. The work is part-funded by the Barrow Cadbury Trust, supplemented by our own resources.