Dawn Butler MP

Dawn Butler

It is a pleasure to follow the informative speech from hon. Member for Aylesbury (Rob Butler)—we share a surname, and I too was a magistrate. I congratulate my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) and support her extremely important private Member’s Bill, and my heart goes out to everybody who has lost somebody to murder.

It is important that the law works as it should in this country. The Supreme Court said that joint enterprise has been wrongly interpreted by criminal trial judges for the past 30 years—a long, long time. The Joint Enterprise Not Guilty by Association campaign group, which my hon. Friend has been working closely with, has been doing a lot of important work on this topic. As she said, the principle is right, but the law is open not only to interpretation, but to abuse. The judicial system is riddled with bias, and this law makes that worse in many cases. It is nearly four years to the day since I stood in this Chamber to raise the case of my constituent Reshawn Davis, whose only crime was being a1in the wrong place at the wrong time. Mr Davis served two months in prison due to the joint enterprise law, and that sentence has had a devastating effect on him and his family.

Some will say that the joint enterprise law is not all bad, and they would be right. It has led to some high-profile convictions, such as bringing some of the racist murderers of Stephen Lawrence to justice, for which we should all be grateful. But it has also seen many innocent people sent to prison for crimes they did not commit. No one who believes in how the law should work could approve of that. Imagine if everyone was found guilty by association. It may be unwise, but it is not illegal, to be friends with someone who is a liar or a cheat. If it were, Mr Speaker, plenty of MPs in this place would be arrested.

Some will be surprised to learn that joint enterprise has been applied to predominantly children and young adults, of whom 57% are from an ethnic minority background. It is not only wrong, but lazy and unjustified to use the law in this way, criminalising a whole group of children and limiting their life chances, just because they may have known somebody from school. Those of us who have spent our lives fighting for justice are acutely aware—

My hon. Friend makes a very strong point. Does she agree that there is a sort of perverse incentive on the police to be quite lazy about investigations of often serious incidents, because they know that, at some point in the future, they can deploy the law of joint enterprise and therefore do not necessarily have to get hard evidence against every single one of the people who may have been in the vicinity of the crime, but not participants in it?

I thank my right hon. Friend for that intervention. Yes, it is lazy. It also means that we have a target-driven process rather than an informative-driven process, which needs to change. The system penalises and has a disproportionate effect on people of colour. Those with high melanin are judged more harshly because of the colour of their skin. If a person is Afro-Caribbean, they are eight times more likely to get stopped and searched, five more times likely to die in police custody, and 16 times more likely to be charged under joint enterprise than their white counterparts.

It is absolutely fundamental that our legal system is fair and can be trusted by everyone no matter the background or the colour of one’s skin. It is the cornerstone of our democracy. As a civil society, we must aim to hold criminals to account and invest in good policing, good laws and good judges. It is time to reconsider the implications and the unintended consequences of joint enterprise and remove the harm that it has done to too many innocent people whose families are with us today. I pledge my support for the Bill. Although I know the Government may have reservations about some aspects of it, I hope they will commit to my hon. Friend’s Bill and bring it back to the House, so that we can have a system that is fair and right for all.