The Centre for Crime and Justice Studies has issued a compelling call for a separate and less harsh sentencing framework specifically designed for secondary parties involved in criminal cases. This urgent recommendation comes as part of a comprehensive new report that highlights a dramatic surge in joint enterprise convictions across England and Wales over the past four decades.
Soaring Convictions Under Joint Enterprise Doctrine
According to the detailed findings, joint enterprise cases have experienced a remarkable increase since the 1980s, with the legal charity arguing that prosecutors have adopted an unjust "job lot" approach that primarily targets young black men. The report meticulously documents how this prosecutorial strategy has drifted away from common-sense distinctions between those who directly cause harm and those who may only be culpable for lesser offenses.
Statistical Evidence of Systemic Change
The authors discovered that homicide cases involving three or more defendants have tripled between 1984 and 2024, escalating from just 18 to 54 cases annually. These multi-defendant cases now represent nearly 10% of all homicide prosecutions in England and Wales, marking a significant shift in how serious crimes are being addressed within the justice system.
Perhaps more concerning is the data showing that sentences have become substantially harsher under the joint enterprise doctrine. The report reveals that excluding life sentences, 42% of defendants convicted of manslaughter in multi-defendant cases where they were not considered the main suspect received prison sentences exceeding 10 years in 2022. This represents a dramatic increase from just 7% in 2012, indicating a clear trend toward more severe punishment for secondary parties.
Disproportionate Impact on Specific Demographics
The report presents troubling evidence about who bears the brunt of these prosecutorial practices. Multi-suspect homicide cases, once described as "exceptional" in the 1960s, have now become a systematic norm with defendants being disproportionately young, male, and black. Approximately 40% of those convicted in homicide cases involving four or more people are aged between 18 and 24, highlighting how this approach particularly affects younger individuals.
Even more striking is the finding that black people are three times more likely than white people to be convicted in group cases of four or more defendants. This statistic echoes the Crown Prosecution Service's own joint enterprise monitoring data published last year, confirming a pattern of racial disparity within the current system.
Children and Secondary Liability
The report also examines how joint enterprise affects younger defendants, noting that while convictions of children for murder remain relatively rare, more than half of all children under 16 convicted of murder since 2010 were involved in multi-defendant cases where they were not considered the main suspect. This represents the highest proportion of any age group, raising serious questions about how secondary liability is being applied to minors.
Three-Pronged Approach to Reform
The authors of the report have identified three critical priorities for potential reform of the joint enterprise system. First, they advocate for narrowing the scope of the law through a workable test that specifically defines when someone can be held liable for the crimes of another person. Second, they emphasize the need for a separate sentencing framework for secondary parties to ensure that punishments remain proportionate to individual culpability. Third, they call for greater transparency in prosecutorial practices, requiring prosecutors to clearly state each defendant's individual conduct and intent while identifying possible alternative charging options.
Historical Context and Current Opportunities
Helen Mills, the director of programmes at the Centre for Crime and Justice Studies and co-author of the report, emphasized the timeliness of these recommendations. "There are clear limits to what can be achieved through legal challenges and individual appeals alone," Mills stated. "With the Law Commission currently reviewing homicide laws and the government expressing a commitment to fixing a broken justice system, there is a unique opportunity to move beyond the current logjam."
Mills further explained that the current approach lacks necessary nuance, arguing that "in place of an unjust, job lot approach, we need some nuance, making sure people are held to account for what they actually did."
Previous Legal Challenges and Government Response
The report notes that a 2016 Supreme Court judgment found that the law had been wrongly applied for more than 30 years, with the bar set too low regarding the required intent of any secondary co-accused. While this ruling initially generated hope for meaningful course correction, the Centre for Crime and Justice Studies reports that it has had no sustained impact on the number of multi-defendant homicide prosecutions.
A Ministry of Justice spokesperson responded to the findings by stating: "We are aware of the concerns on joint enterprise which is why we are keeping the law under review. There are currently several ongoing reviews in this area and any reforms should be informed by their findings."
The comprehensive report represents a significant contribution to the ongoing debate about criminal justice reform in England and Wales, providing both statistical evidence and practical recommendations for creating a more equitable and proportionate system for addressing secondary liability in serious criminal cases.
