Criminal Justice Bill

Elliot Colburn Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab)]

This afternoon, we have heard about some really strong amendments that would strengthen the Criminal Justice Bill, but other amendments seek to criminalise homelessness, further restrict peaceful protest and vastly expand police surveillance powers.

Today, I wish to focus on new clause 28 in my name, which continues the campaign to fix the law on joint enterprise. I began my campaign with support from the amazing campaigners at JENGbA, Liberty and many others for my private Member’s Bill back in February. I was grateful to receive the support of nearly 40 colleagues, who back this amendment, as well as a commitment from my Front-Bench team back in February that Labour will seek to review and reform joint enterprise as and when we get into power.

A charge of joint enterprise too often leads to an assumption of guilt in the courtroom. The defendant is forced to prove their innocence, which turns our justice system on its head. That is a failure of our justice system, supposedly the best in the world, and an affront to the taxpayer, who is left footing the bill for sloppy sentencing. My amendment would enshrine in law the concept that a person can be prosecuted under joint enterprise only where they are proved to have significantly contributed to a crime. That would raise the bar for prosecution, and would provide the jury with the tools to differentiate between defendants who deserve to face a mandatory life sentence for their role in a serious crime, and those who do not.

This miscarriage of justice is worse than the Post Office Horizon scandal, because it involves children as young as 13 being convicted and incarcerated for a crime that they did not commit, and being given a whole life sentence, with little or no option for appeal. Campaigning by JENGbA and Liberty led to a six-month pilot data collection project by the Crown Prosecution Service, which has now agreed to roll out the scheme fully and permanently. Analysis of the original data revealed that more than half of those prosecuted under joint enterprise were aged under 25, with black youth 16 times more likely to be prosecuted under joint enterprise laws than their white counterparts. I personally welcome the commitment from the Director of Public Prosecutions to further investigate these disparities.

The evidence clearly shows that the legislation is being widely used as a dragnet to maximise convictions. We need only scrutinise the Old Baily daily court lists to witness how widespread this practice is. Joint enterprise allows the prosecution to use a racist gang narrative to imply guilt, and to persuade juries using prejudicial stereotypes in place of cold, hard evidence, in a way that is often compared to Russian roulette. Human rights group Liberty submitted one such case last year to the Criminal Cases Review Commission after 11 defendants, all black, were collectively convicted and sentenced to a total of 168 years in prison for a single murder. Evidence included a rap video made online a year earlier, photos of some of the defendants using hand signs, and the alleged favouring of the colour red. I hope that the CCRC, which twice rejected Andrew Malkinson’s request to review, will look at this request more favourably.

In that and similar cases, the prosecution called police officers to give their opinion, as experts, on alleged gang culture, a concept that still evades legal definition but carries with it a racist stereotype intended to sway a jury. That is extremely prejudicial, considering the relationship that the police have with black communities, and considering that black people are disproportionately represented in the criminal justice system.

New data from experts at Manchester Metropolitan University has revealed that nearly £250 million is spent each year on processing defendants in joint enterprise cases. An average of 1,088 people every single year are convicted under joint enterprise; the total cost to the taxpayer of their future punishment is a colossal £1.2 billion. With prisons not only chronically overcrowded but unsafe, as highlighted by the recent prisons inspectorate urgent notifications about Wandsworth and other prisons, and with violent crime on the rise, enough is enough. Joint enterprise is costly and ineffective. It is time for a change in the law.

If the social cost of joint enterprise were not conclusive, the economic cost must be the final nail in the coffin for this shocking miscarriage of justice. It has been a decade since evidence was first presented to Parliament, yet our prisons are dangerously overflowing and failing to rehabilitate. The taxpayer is still footing the bill for thousands of people having been wrongly jailed for the crime of another. If someone does not make a significant contribution to a crime, they should not be prosecuted for it; it is as simple as that. Joint enterprise is a stain on our justice system, and the law must be reviewed and changed to stop this dragnet. It is possible to both uphold justice for the victims of crime and put an end to this injustice. My simple change to the law would do just that. I hope that Members will recognise the need for urgent change and support my new clause.

[Elliot Colburn (Carshalton and Wallington) (Con)]

I rise to speak to my new clause 32, which would address the disparity between existing protected characteristics and current hate crime legislation. Hate crimes relating to race and religion carry higher maximum penalties than those associated with sexual orientation, transgender—or perceived transgender—identity, and disability. That has established an unjust, dual-tier justice system. My proposal aligns with the prior expansion of aggravated offences, such as the inclusion of religiously aggravated offences in 2001 following the Crime and Disorder Act 1998, which initially legislated only for racially aggravated offences. It also builds on the Law Commission’s 2021 report, which emphasised the necessity of parity of protection across all protected characteristics, and has garnered substantial support from disability and LGBT+ organisations.

Many people have asked whether this is some sort of woke frontier. We know that a lot of pearl-clutching happens in this place when we mention trans people. I reassure the House, and those concerned about such things, that this is no woke crusade. Indeed, I do not intend in the new clause to divert from existing legal definitions of LGBT+ identities. Nor do I seek to redefine the barriers of aggravated offences. The new clause would simply close a loophole that the Law Commission identified whereby some protected characteristics are treated differently from others in the legal system, for no good reason that I can see.

We have debated many times why sex and/or gender are not included; however, the Law Commission recommended —this was accepted by the Government in their response—that they should not be, because in some cases it would lead to a situation where the offence would be harder to prove. The Law Commission therefore suggested that we go down a different route in legislating for offences against women and girls, which the Government accepted. The Government have not yet responded to the Law Commission’s 2021 report on these issues. When the Bill was in Committee, the Government asked for additional time to do so, and did not accept an almost identical new clause—in fact, it may have been identical.

Let me set out some background, and show why the time has come for us to close this loophole, and why I hope that the Government will agree to do so. My new clause comes against a backdrop of escalating hate crime rates, which underscore the urgency to act. Between 2011-12 and 2022-23, incidents across all monitored strands of hate crime have surged dramatically. Notably, racially aggravated offences have more than doubled, exceeding 100,000 cases in 2021-22. Similarly, hate crimes based on religion, sexual orientation and transgender identity have seen staggering increases of 433%, 493% and 1,263% respectively. Furthermore, violent hate incidents have surged, comprising a growing proportion of overall hate crime statistics.