Convictions for Joint Enterprise: Racial Disparities

Justice – in the House of Commons at on 10 January 2023.

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Photo of Kate Osamor Kate Osamor Labour/Co-operative, Edmonton

If he will make an assessment of the reasons for racial disparities in the level of convictions for joint enterprise.

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

The Government recognise that convictions based on joint enterprise appear to affect ethnic minority groups disproportionately. However, the Crown Prosecution Service can only apply the law when making charging decisions and plays no part in the decision making on individual joint enterprise cases. Data is collected on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether the crime was part of a joint enterprise. However, we are considering whether such data could be collected as part of the common platform programme.

Photo of Kate Osamor Kate Osamor Labour/Co-operative, Edmonton

I thank the Minister for his response but research by the Centre for Crime and Justice Studies suggests that the doctrine of joint enterprise is routinely applied in a racist way leading to many miscarriages of justice. Assessing why it disproportionately targets ethnic minority communities, especially young black men, is only the first step; what is needed is urgent action. Will the Minister tell us what he is doing to right historical wrongs and prevent future miscarriages of justice due to joint enterprise?

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

What I can do is confirm that the Government have of course implemented many of the recommendations of the Lammy review. I understand how passionately the hon. Member feels about this, so I would like to sit down with her and go through some of the specific issues she wants discussed in more depth, rather than talk across the Dispatch Box; I think that would be more fruitful and practical and I hope the hon. Member will accept my invitation.