Joint Enterprise (Significant Contribution) Bill

Debate between Grahame Morris and Kim Johnson

2nd reading
Friday 2nd February 2024 Commons Chamber

[Kim Johnson]

My hon. Friend makes a valid point on the consequences of the landmark case of Ameen Jogee, whose mum is in the Gallery today. People are being given mandatory life sentences for murders that they did not commit. Thousands have been locked up for life because they have been deemed, in effect, guilty by association. Since that ruling very little has changed, with only one successful appeal, as is shown in the research by the Centre for Crime and Justice Studies that my hon. Friend referred to.

[Grahame Morris (Easington) (Lab)]

I compliment my hon. Friend on bringing forward this private Member’s Bill. Through her good offices, I have had the opportunity to meet some of the families involved. To describe some of the cases as egregious injustices is no understatement. One of the appalling things I have found is the inconsistent way in which joint enterprise guilt by association has been applied. There are cases where one might think it would have been applied, such as in the murder of Jay Abatan in 1999. I would like to highlight the Justice for Jay Abatan campaign, which is still fighting for justice 25 years on.

[Kim Johnson]

I thank my hon. Friend for raising that point and particularly for raising the Justice for Jay Abatan campaign, which is very similar to the Stephen Lawrence campaign.

The Centre for Crime and Justice Studies suggests that the 2016 judgment had little to no effect on the number of joint enterprise charges or convictions. Indeed, since 2016 there has been a new legal problem, whereby juries are deliberately not directed to consider the contribution that a person made to a crime, as in the case of Faisal Fiaz, who was in a parked car that was streets away from where the murder for which he was convicted occurred. Only Parliament can fix this.

A charge of joint enterprise too often leads to an assumption of guilt in the courtroom, with the defendant having to prove their innocence, turning our justice system on its head. This is a failure of our justice system, which is supposedly the best in the world, and an affront to the taxpayer, who is left footing the bill for sloppy sentencing. To quote Jimmy McGovern’s “Common”,

“joint enterprise might allow it, natural justice does not.”

If passed, my Bill will fix this wrong turn and help to return the law to its original intention.

Joint enterprise is currently wielded as a blunt instrument by the courts, allowing people who have not made a significant contribution to a murder to receive a mandatory life sentence. Lawyers and campaigners often describe the decision to prosecute or sentence someone to life as Russian roulette. My Bill seeks to enshrine in law the condition that a person can be prosecuted under joint enterprise only where they are proven to have significantly contributed to a crime. This would raise the bar for prosecution and provide the jury with the tools to differentiate between defendants who deserve to face a mandatory life sentence for the role they played in a serious crime and those who do not. There are countless cases where it is clear that we need a change in the law to provide juries with the basic legal test contained in my Bill.