Question to the Attorney General:

To ask the Solicitor General, with reference to the Crown Prosecution Service Joint Enterprise Pilot 2023 whether the scheme is monitoring cases involving (a) Romani, (b) Roma and (c) Irish Travellers; and when will the scheme will issue its first report.

As Minister Sackman has set out in other substantive answers on the the matter of joint enterprise, we are aware of concerns about the impact of joint enterprise doctrine on defendants and their families. That is why more broadly the Government continues to keep the law in this area under review.

With regard to the role of the Crown Prosecution Service (CPS), following publication of the Joint Enterprise Pilot 2023, the CPS held two national scrutiny panels on joint enterprise, with input from external stakeholders with relevant expertise and experience, to review the findings of the pilot and scrutinise joint enterprise casework. This review included a national scrutiny panel held on 1 February 2024 which focussed on joint enterprise cases where evidence of gang association was a feature.

The pilot found ethnic disparities in the caseload, but it was not possible to draw strong conclusions from the analysis due to the relatively small sample size (190 cases involving 680 defendants).

The CPS updated its case management system to commence a full national monitoring scheme in 2024. This monitors all homicide and attempted homicide prosecutions brought on a joint enterprise basis and will report annually. The CPS will publish a report on the monitoring data collected during the 2024/25 financial year in the summer.

Self-identified defendant ethnicity data from the police or other investigative authorities, subject to varying levels of error and omission at local levels, is uploaded to the CPS’ case management system. This can record the ethnicity category “W3 Gypsy and Irish Traveller” in accordance with criminal justice system data standards.