The law on joint enterprise in England and Wales has led to overcriminalisation, discriminatory outcomes, and convictions lacking compelling evidence of intent.
Cases of joint enterprise involving minor players being convicted as perpetrators have raised significant concerns, especially in murder and manslaughter convictions.
The report highlights a 2017 case in which 11 Black and mixed-race teenagers received a total of 168 years for one murder, evoking a gang narrative based on a rap music video.
Joint enterprise is criticized for being overly vague and broad, leading to overcharging suspects, poor-quality evidence, and prosecutors filling gaps with speculative case theories and racialized narratives.
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