Rising Concerns Over Joint Enterprise Law in England and Wales

A recent report by the Centre for Crime and Justice Studies (CCJS) highlights a significant increase in joint enterprise convictions in England and Wales over the past four decades. The report indicates that the number of homicide cases involving three or more defendants has tripled from 18 cases in 1984 to 54 cases in 2024, now representing nearly 10% of all homicide prosecutions. This legal doctrine allows individuals to be convicted for crimes they did not physically commit if they were present at the scene or associated with the principal offender. The report criticizes the prosecutorial approach, which it claims has blurred the lines between those directly responsible for a crime and those merely present, leading to harsher sentences for secondary parties.

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The CCJS report reveals that young, male, and black individuals are disproportionately affected by joint enterprise convictions. Approximately 40% of those convicted in multi-defendant homicide cases are aged 18 to 24. Furthermore, black individuals are three times more likely than white individuals to be convicted in such cases. The report calls for reforms to ensure that individuals are held accountable only for their own actions, advocating for a separate sentencing framework for secondary parties.

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The CCJS outlines three key priorities for reforming joint enterprise law:

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1. Narrowing the scope of the law to specify when someone can be held liable for another's crimes.

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2. Establishing a distinct sentencing framework for secondary parties to ensure proportionality.

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3. Increasing transparency in prosecutions by requiring prosecutors to clarify each defendant's individual conduct and intent.

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Despite a 2016 Supreme Court ruling that found the law had been misapplied for over 30 years, the CCJS asserts that there has been no significant change in the number of multi-defendant homicide prosecutions.

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A spokesperson for the Ministry of Justice acknowledged the concerns surrounding joint enterprise law, stating that the government is reviewing the legal framework. They emphasized that any reforms would be informed by ongoing reviews in this area.

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Helen Mills, director of programmes at CCJS, expressed the need for a nuanced approach to justice, stating, “There are clear limits to what can be achieved through legal challenges and individual appeals alone.” She highlighted the unique opportunity presented by the Law Commission's current review of homicide laws to address the systemic issues within the justice system.

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While the CCJS report presents a comprehensive overview of joint enterprise convictions, it does not detail the specific outcomes of ongoing reviews or the timeline for potential reforms. Additionally, there is a lack of clarity on how the proposed changes will be implemented and their expected impact on current convictions.

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• “Helen Mills, the director of programmes at the CCJS and the report’s co-author, said: “There are clear limits to what can be achieved through legal challenges and individual appeals alone.” — Helen Mills, Director of Programmes, CCJS

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• “A Ministry of Justice spokesperson said: “We are aware of the concerns on joint enterprise which is why we are keeping the law under review.” — Ministry of Justice Spokesperson

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