Joint Enterprise (Significant Contribution) Bill

Debate between Barry Sheerman and Kim Johnson

2nd reading
Friday 2nd February 2024 Commons Chamber

[Kim Johnson]

I can confirm that the party will be looking at this Bill when we are in power and when we get rid of—well, when we are in power.

It is possible both to uphold the law by providing powers to prosecute those who play a significant role in a crime and to prevent innocent people from going to jail. There is cross-party consensus that things need to change and that it is now up to Parliament to act. That is what this Bill seeks to do—no more, no less.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does my hon. Friend agree that the campaign on joint enterprise is not about guilty people getting off, but about having a justice system that works for everyone? The Chair of the Justice Committee and I co-chair the all-party parliamentary group on miscarriages of justice, and we believe that this is the biggest injustice in the criminal justice system. There is a growing feeling across the criminal justice system, including among senior judges, that the balance has to be got right.

[Kim Johnson]

I totally agree with my hon. Friend, and I will cover some of those points in my speech. I hope that the Minister will listen closely to the arguments I put forward today and fully consider this opportunity to end this injustice, which has destroyed so many lives and places undue burdens on the courts, the prison system and the taxpayer.

As the Minister will know, joint enterprise is the centuries-old legal doctrine that was intended to give powers to prosecute people who were not the primary actor but nevertheless played a role in a crime, such as a getaway driver in a bank robbery. However, something has gone profoundly wrong in the way the law has been used for the past 40 years, as the Supreme Court recognised in the 2016 landmark case of Ameen Jogee.

--- Later in debate ---

[Kim Johnson]

I totally agree with my right hon. Friend. That is what my Bill would do, by making a small change to the 1861 Act. During cross-party discussions with Ministers and shadow Ministers and at the Criminal Justice Bill Committee, I have yet to hear a persuasive argument put forward against this formula. I hope the Minister will agree that this wording is a common-sense approach that would keep the decision-making power with the jury, and perhaps strengthen the law by restoring its original intention, removing those current uncertainties that give rise to the miscarriages of justice that I have discussed today. Let me clarify that the Bill would cause no unintended consequences, or make it harder to punish people who have committed a crime, in line with the law as it is intended.

[Mr Sheerman]

One of the arguments that we hear time and again is, “Are you going to let the getaway driver get away with it?” Does my hon. Friend agree that this Bill would not do that, and that there is no intention for it to do so? The Bill that she is introducing is fair and balanced. I was with a senior retired High Court judge last night who said that it was about time that we put this matter right.

[Kim Johnson]

I welcome my hon. Friend’s contribution; that is exactly what the Bill is intended to do.

To illustrate my point further, I shall turn to the 2010 Victoria station attack, which the Under-Secretary of State for Justice, the hon. Member for Newbury, referred to in Tuesday’s debate at the Criminal Justice Bill Committee. In that incident, a group of young men chased and then attacked another young man, who was repeatedly stabbed and died. The coroner could not determine who had struck the fatal blow, so the whole group of assailants were put on trial and a number were convicted of murder and of manslaughter. They were clearly making a significant contribution to an awful crime.

Another commonly cited case is that of the racist killers of Stephen Lawrence. Again, there was damning evidence that the many accused did play an active and intentional role in his murder. My revised Bill would allow for their joint enterprise prosecutions. Another recent high-profile case concerns the murder of a young woman in Warrington. Both defendants were successfully, and correctly, prosecuted under joint enterprise.

My Bill is intentionally drafted to allow the use of joint enterprise laws in such cases to prosecute multiple defendants, where there was clearly evidence of a significant contribution by the accused to the death of the victim. It will be for the courts to decide in each case what constitutes a significant contribution, and it will form a basic legal test alongside many others used by juries to aid in their deliberations and protect against miscarriages of justice, while upholding the law as it is intended.

In response to the joint enterprise amendment on Tuesday, the Minister recognised the importance of the law on joint enterprise and the consequences that result from convictions on which both she and I find common ground. Ultimately, however, she was unable to support the new clause, saying:

“We think that it is too difficult to require the prosecution to prove a significant contribution”.—[Official Report, Criminal Justice Public Bill Committee, 30 January 2024; c. 485.]

Following that, I was grateful to meet the Minister yesterday to discuss the issues raised at the Bill Committee regarding the language of “significant contribution”. She reiterated her concern that “significant contribution” could prove too difficult a legal test for the prosecution. In particular, she referenced cases where contribution to a crime is difficult to prove and where, with multiple assailants, it is impossible to tell who dealt the final blow that caused the death of the victim.

Although I recognise the Minister’s trepidation, I find that a disturbing and worrying argument that amounts to an admission that, within our legal system, there is an area where we do not believe it is necessary to prove that a person must have made a significant contribution to a crime before locking them up and throwing away the key—and, indeed, that the Government are content with this state of affairs. It removes the burden from the prosecution to prove guilt and instead places the burden on the defendant to prove innocence. No other area of our law reverses that principle, and I hope the Minister will clarify the Government position on that and reconsider.

I find it confusing that a 14-year-old stabs and kills a young girl in Liverpool, is charged with murder and sentenced to life to serve a minimum of 13 years, while the young men mentioned throughout my speech did not commit a crime yet have been issued life sentences. Joint enterprise allows the prosecution to use a racist gang narrative to imply guilt and persuade juries using prejudicial stereotypes in place of cold, hard evidence.