Joint Enterprise (Significant Contribution) Bill

Janet Daby Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

I congratulate my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) on her success in the private Members’ Bills ballot, and I am pleased to be responding to the Second Reading debate on her Bill today. It is important that this issue has been brought to the House’s attention. Children and justice is an area of concern for many when joint enterprise is considered and it has been campaigned on for several years. The Bill highlights that, but I am aware that an amendment similar to this Bill has been tabled to the Criminal Justice Bill. Before I go further into the discussion of this Bill, it is right to say that although it is critical of joint enterprise, and there are very convincing arguments for amendment to it, joint enterprise is also a necessary tool in the criminal justice system, as I will explain further.

I thank all Members who have participated in and contributed to this debate: my hon. Friends the Members for Vauxhall (Florence Eshalomi), for Brent Central (Dawn Butler), for Huddersfield (Mr Sheerman) and for Poplar and Limehouse (Apsana Begum); my right hon. Friend the Member for Hayes and Harlington (John McDonnell); my hon. Friends the Members for Birkenhead (Mick Whitley) and for Easington (Grahame Morris); the hon. Member for Aylesbury (Rob Butler); the right hon. Member for Islington North (Jeremy Corbyn); and the hon. Member for North East Bedfordshire (Richard Fuller). I have also noted the many comments made by the hon. Member for Shipley (Philip Davies).

Having listened to the debate, the clear overall message is that joint enterprise needs to be reviewed. As we have heard, it allows an individual to be jointly convicted of the crime of another if the court finds that they were involved in the commission of the crime. There is a strong case to tighten the definition currently used to ensure that justice is fair and proportionate. As in the case of R v. Jogee in 2016, the Supreme Court has ruled that joint enterprise had been wrongly used for 30 years—that is extremely concerning. The ruling stated that it was not enough for the prosecution to prove that the defendant foresaw the possibility of violence occurring. Instead, the prosecution should now prove that the defendant intended to encourage or assist the person who committed the crime. Yet, a list of controversial joint enterprise cases continue to this day. The Manchester 10 case, which many in this Chamber will know, was tried under conspiracy legislation, but activists say this mirrors crimes prosecuted in the UK as joint enterprise. The trial’s use of drill music to convict the 10 defendants has also been criticised; this is a common feature of joint enterprise prosecutions for defendants from minority backgrounds. I am aware of the campaign by Art Not Evidence that aims to stop the criminalisation of those who engage in rap and drill music.

[Dawn Butler]

Does my hon. Friend agree that it is important that we do not judge people by the music they listen to? Judging one music to be violent, as against another genre, is a very subjective measure.

[Janet Daby]

I absolutely agree with my hon. Friend on that; she makes a very meaningful point. There are lots of words in lots of different types of music, and we should not be judged by that.

I have also met Janet Cunliffe, a co-founder of Joint Enterprise Not Guilty by Association—JENGbA—whose son was imprisoned under joint enterprise. She is a tireless campaigner, who has shared in the experience of her son’s sentence. In 2020, JENGbA released a research report written by academics at Manchester Metropolitan University arguing that women are negatively impacted by joint enterprise. It stated:

“Women were often marginal to the violent event, with almost half not present at the scene and almost all never having engaged in any physical violence”.

And yet, as the report found, women were being seriously penalised.

JENGbA has highlighted the case of a teenager, Carrie. She was 15 years old when, in the early hours, she was walking with two other older people. They had all been drinking and a fight broke out with another group of local adults. One person from the other group was killed by an injury caused by a broken bottle. In the summing up of the case, the judge acknowledged that Carrie was so drunk she did not have the ability to join in with a fight. The judge warned that

“mere presence is not enough there must be some form of participation”.

During the trial, judgments were made about Carrie’s character and not her actions. That became central to her prosecution. The offence was committed by a 35-year-old man. The jury found the man guilty of murder. Carrie, 15 years old at the time of the event, was found guilty of manslaughter. The report found that there are many other women like Carrie in prison.

I have been critical of joint enterprise, but there is a place for it in our courts and the wider criminal justice system. Joint enterprise has helped to secure convictions that otherwise would not have been successful. The conviction of some of the men who killed Stephen Lawrence was secured using joint enterprise legislation. By using joint enterprise legislation, it was found that it did not matter whether Gary Dobson and David Norris carried out the killing; rather, it was important that they were part of an attack that could end in serious harm. Indeed, it did. It has also been successfully used to prosecute paedophile rings and those who commit economic crime. That should not be forgotten.

I am glad that the Bill does not seek to abolish joint enterprise in its entirety. Labour has previously said that it would look to reform joint enterprise, and that remains our ambition. Furthermore, the Lammy review in 2017 advocated for the reform of joint enterprise laws. In particular, recommendation 6 said:

“The CPS should take the opportunity, while it reworks its guidance on Joint Enterprise, to consider its approach to gang prosecutions in general.”

With regard to that recommendation, the CPS commenced a pilot to monitor joint enterprise homicide and attempted homicide cases in February 2023. The results were concerning. Black people make up only 4% of the UK population, but according to the CPS, under joint enterprise cases, black defendants make up 30% of case loads. It was also revealed that joint enterprise prosecutions disproportionately affect children, young people and men.

There has been progress on gathering more data, with the commencement of a full national scheme in all CPS areas. The CPS has said that a report of homicide and attempted homicide cases brought on a joint enterprise basis will be produced annually, and it will contain a breakdown by the protected characteristics of ethnicity, sex, age and disability. I believe that the CPS today convened a scrutiny panel with a focus on joint enterprise cases in which evidence of gang association is a feature.

Let me be clear: the Bill is perfectly reasonable and commendable. However, for the best chance of proper reform, it is important to wait until the CPS has built up more data before legislation is used to tackle the problem. We can solve the issue only when we have the full picture; that way, the law can work as intended.

Many from across the political spectrum believe that change needs to happen. There are some cases of people being convicted of serious crimes despite making no significant contribution to them; we have heard such examples given from across the Chamber. It is not in the public interest to prosecute those who have not made a significant contribution to a crime. I am interested to know whether the Minister agrees.

In reply to an amendment on joint enterprise in the Criminal Justice Bill Committee, the Government said:

“there have been examples of case law since the Jogee case that show that approach being fairly applied.”—[Official Report, Criminal Justice Public Bill Committee, 30 January 2024; c. 484.]

What is the Minister’s view on the reported disproportionate impact of joint enterprise on diverse communities?

The Government must end the criminalisation of children and young people associated with rap and drill music, and put in place protective factors to ensure that they are not disproportionately criminalised under joint enterprise.

[Philip Davies]

I am not sure what point the hon. Lady and Labour Members are making when they talk about the disproportionate amount of people from various ethnic minorities who have been prosecuted under joint enterprise. Is she saying that the Crown Prosecution Service is institutionally racist? Is she saying that juries are institutionally racist? Is that the allegation she is making from the Labour Front Bench?

[Janet Daby]

That is an interesting intervention. I find it concerning and alarming that hon. Members in this place do not appear to be aware of how racism and discrimination acts. So much evidence and information, and so many reports, inquiries and reviews on the subject have come out of this place and many other institutions and public organisations across our country for many years. I find it alarming and disturbing that he questioned that in the way he did. I look forward to the Minister’s response.