Males Convicted under Joint Enterprise: Black and other Ethnic Groups

3. If he will make an estimate of the number and proportion of males convicted under joint enterprise who were (a) Black and (b) from other ethnic groups.

Welcome, Minister.

Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years.

Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.

Members have been hearing for nearly a decade that the data will be released soon, but nothing ever comes of it. What possible excuse can there be for not being open about which prisoners have been convicted under this discredited and biased doctrine and which have not? It is that the data would clearly show how joint enterprise has been used to target black people disproportionately, particularly young black men.

On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.