Crime and Policing Bill

Kim Johnson Excerpts

Report stage
Wednesday 18th June 2025 Commons Chamber

[Kim Johnson (Liverpool Riverside) (Lab)]

I rise to speak in support of new clause 13 in my name and new clause 50 in the name of my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel).

New clause 13 proposes to change the law on joint enterprise. For those who do not know, this is a centuries-old doctrine that allows multiple people to be convicted of a crime, usually murder or manslaughter, even if only one person committed the fatal act. Evidence demonstrates it leads to unjust convictions, disproportionately impacting young black and working-class people, with young black men 16 times more likely to be convicted under joint enterprise than their white counterparts. I thank all who supported my private Member’s Bill that had its Second Reading in February 2024 and for their continued support for the campaign, particularly Joint Enterprise Not Guilty by Association.

As a result of a judicial review brought by Liberty and JENGbA, the Crown Prosecution Service conducted a pilot survey of joint enterprise cases, resulting in access to accurate data and highlighting the racial disparities that exist. Case law on joint enterprise was reversed by a Supreme Court ruling in 2016. The Jogee case identified how the law had taken “a wrong turn” for 30 years. The Law Commission is now undertaking a review of homicide and the sentencing framework for murder. It will examine the law on joint enterprise in light of the Supreme Court ruling on Jogee, with campaigners anticipating clear solutions on the disparities and inequality.

While I understand the Government have some reservations about my amendment, it is clear that there is recognition across the House that joint enterprise needs to be fixed. The prosecution of joint enterprise cases is flawed and racialised. The 2016 Supreme Court ruling did not resolve the key problems with the law. Speculative prosecution theories are accepted in place of strong evidence. This allows and encourages racist stereotyping, using gang narratives to imply collective intent, and using a person’s taste in music as evidence of being in a gang, with police being called as expert witnesses on drill music, which is a conflict of interest.

Art not Evidence is making significant inroads in this space, proposing a criminal evidence (creative and artistic expression) Bill to limit the admissibility of evidence of a person’s creative and artistic expression in criminal proceedings and for connected purposes. The Westminster Commission on Joint Enterprise is gathering evidence and will produce a report for the Government in 2026.

Reform of joint enterprise is long overdue. It has gone as far as it can in the courts, and it is now for Parliament to act; that is what the former Director of Public Prosecutions who is now the Prime Minister has said.

New clause 50 would enshrine the right to protest in law. The purpose of this amendment is to keep public authority powers proportionate and to uphold the right of our society to protest peacefully as a fundamental pillar of free and equal democracy. The right to protest and the freedom to express dissent goes back centuries and is championed across the political spectrum. From the peasants revolt to the suffragettes, we celebrate the great British tradition of direct action. So many of our freedoms have been won this way, including workers’ rights. Most recently, we have seen the farmers protesting outside Parliament, the mass trespass organised by the Ramblers’ Association in defence of our right to roam, striking workers, anti-war protesters and beyond. Millions of people have marched peacefully against the genocide in Gaza. Thousands of disabled people have protested against proposed welfare and disabled benefit changes. We have seen protesters outside Parliament against the assisted dying Bill and yesterday pro-life protesters gathered outside this place.

The ability to protest and freedom of expression and assembly are protected by articles 10 and 11 of the European convention on human rights and are enshrined in UK law. The planned demonstration outside the BBC headquarters in January demanding impartial coverage of Israel’s war in Gaza was banned by the Met police on the basis that the headquarters are in close proximity to a synagogue. This was after weeks of meetings and agreement of the route with the Met police. This is a serious infringement of our right to protest. If we cannot protest outside the headquarters of our public broadcaster, what does that say about our democracy? This should be of concern for all who believe in democracy and free society. The Government have a chance now to change course and roll back on these clampdowns for our rights and freedoms, for our democracy.