Joint Enterprise Convictions Triple Since 1980s, Report Finds
A comprehensive report from the Centre for Crime and Justice Studies (CCJS) has revealed that joint enterprise convictions in England and Wales have tripled since the 1980s, sparking calls for a separate and less harsh sentencing framework for secondary parties. The legal charity argues that the current 'job lot' prosecution approach is unjust and disproportionately targets young black men, urging reforms to ensure individuals are held accountable only for their own actions.
Harsher Sentences and Systemic Issues
The report details how sentences have become increasingly severe under the joint enterprise doctrine, which allows for convictions of individuals who did not physically commit a crime but were present or associated with the main culprit. Prosecutors have drifted from a common-sense distinction between those who caused a death and those culpable for lesser offences, resulting in a systematic norm where bit-part players are convicted of serious crimes committed by others.
Key findings show that the number of homicide cases involving three or more defendants has surged from 18 to 54 cases annually between 1984 and 2024, now accounting for nearly 10% of all homicide prosecutions. Excluding life sentences, 42% of defendants convicted of manslaughter in multi-defendant cases where they were not the main suspect received prison sentences exceeding 10 years in 2022, compared to just 7% in 2012.
Disproportionate Impact on Demographics
The report highlights significant demographic disparities, with multi-suspect homicide cases now disproportionately affecting young, male, and black individuals. About 40% of those convicted in cases with four or more people are aged 18 to 24. Since 2010, over half of all children under 16 convicted of murder were in multi-defendant cases where they were not considered the main suspect, the highest proportion of any age group.
Furthermore, black people are three times more likely than white people to be convicted in group cases involving four or more defendants, aligning with Crown Prosecution Service monitoring data published last year. This underscores systemic biases within the current legal framework.
Calls for Reform and Government Response
The CCJS outlines three priorities for potential reform: narrowing the law's scope with a workable test for liability, establishing a separate sentencing framework for secondary parties to ensure proportionality, and increasing transparency by requiring prosecutors to detail each defendant's conduct and intent. Helen Mills, the report's co-author, emphasised that legal challenges alone are insufficient, urging action amid ongoing reviews by the Law Commission and government commitments to justice system reform.
Despite a 2016 Supreme Court judgment that found the law had been misapplied for over 30 years, setting the bar too low for intent, the CCJS reports no sustained impact on prosecution numbers. A Ministry of Justice spokesperson acknowledged concerns, stating that the law is under review with several ongoing assessments to inform any future reforms.
