Excessive Use of Joint Enterprise Powers in England and Wales Highlights Systemic Issues

Researchers from the miscarriage of justice charity Appeal have uncovered widespread concerns surrounding the doctrine of joint enterprise in England and Wales, which allows defendants to be convicted of crimes they did not physically carry out if they are deemed to have encouraged or assisted the perpetrator. A six-month observation of joint enterprise trials at the Old Bailey in central London revealed excessive use of powers, with individuals charged with murder despite only tenuous connections with the crime. The findings suggest an "unreasonably wide net" is being cast, with overzealous charging decisions by the Crown Prosecution Service and a failure to weed out weak cases before trial.

Key Takeaways:

• The researchers observed 17 joint enterprise trials at the Old Bailey, of which 60% of defendants were Black and 79% were from minority ethnic backgrounds, highlighting concerns about systemic racism in the criminal justice system.
• Prosecution narratives in over 50% of cases included racial stereotypes about gangs, despite recent efforts by the Crown Prosecution Service to address this issue.
• The conviction rate for secondary suspects indicted for murder was found to be 40%, significantly lower than the overall murder conviction rate, indicating the doctrine's disproportionate impact on marginalized communities.
• Close to two-thirds of the defendants (32 out of 49) were either acquitted or had charges reduced, suggesting that the evidence against them was "weak, and in some, virtually nonexistent".
• The findings expose serious concerns about the way joint enterprise continues to be used, with defendants being charged with serious offenses on weak evidential grounds and the prosecution exploiting racial stereotypes.
• The researchers identified one case where seven boys were charged with murder, with the prosecution case against five of them relying almost entirely on their "voluntary presence" at the scene.
• The report's findings are supported by earlier research by the Centre for Crime and Justice Studies, which found a closely similar conviction rate for secondary suspects.
• The 17 joint enterprise cases observed by the researchers resulted in 50 charges being brought against 33 defendants, with only 8 defendants being convicted of the respective charge, indicating the significant impact of the doctrine on communities of color.
• Prosecutors' responses to the researchers' critiques of the doctrine were deemed inadequate, leading to concerns that systemic issues will continue to affect racial and ethnic minority communities.

Statistics:

• 17 joint enterprise trials were observed at the Old Bailey by the researchers.
• 60% (10 out of 17) of defendants observed in the trials were Black, while 79% (13 out of 17) were from minority ethnic backgrounds.
• Prosecutors made mention of racial stereotypes about gangs in over 50% of the trials observed.
• The conviction rate for secondary suspects indicted for murder was found to be 40% compared to the overall murder conviction rate of 60%.
• 32 out of 49 defendants were either acquitted or had charges reduced, indicating that the evidence against them was weak.
• The researchers identified one case where seven boys were charged with murder, with the prosecution case against five of them relying almost entirely on their voluntary presence at the scene.
• Only 8 out of 33 defendants explicitly identified by the prosecution as secondary parties were convicted of the respective charge.

Sources:

• Appeal (No Date): Joint Enterprise on Trial.
• Centre for Crime and Justice Studies (No Date): Secondary suspects: A study of murder indictments.