Howard League responds to Crown Prosecution Service joint enterprise homicide statistics

The Howard League for Penal Reform has responded to a report of the Crown Prosecution Service (CPS) Joint Enterprise National Monitoring Scheme 2025-26, published today (Thursday 24 September).

The report shows that, during the 2025-26 financial year, the CPS prosecuted 188 cases of homicide and attempted homicide brought on a joint enterprise basis, involving a total of 538 defendants. Most defendants were under the age of 25, and almost one in five were children. There were three cases involving defendants aged between 10 and 13.

Self-defined ethnicity statistics collected and analysed by the CPS indicate that the numbers of Black and Asian defendants prosecuted in joint enterprise cases were disproportionately high. Black and Asian people accounted for 17.7% and 12.8% of defendants respectively; for comparison, the report provides 2021 Census figures for the overall population of England and Wales, of which 4.0% were Black and 9.3% were Asian.

The report breaks down the figures by regional CPS area. This analysis shows that Black defendants were over-represented in all CPS areas except one, Mersey-Cheshire. Asian defendants were over-represented in six areas: Cymru-Wales; East of England; South East; Thames and Chiltern; West Midlands; and Yorkshire and Humberside.

Across England and Wales, one in five defendants in joint enterprise cases had their ethnicity recorded as ‘unknown’.

Andrew Neilson, Director of Campaigns at the Howard League for Penal Reform, said: “This new data from the CPS shows just how many young people can be caught up in cases involving joint enterprise. That almost one in five defendants were children under the age of 18 is extremely concerning, especially given the lengthy prison sentences that can be handed down in cases of homicide. The data published today does not make clear how many of these children were secondary parties.

“While we will need more data to establish long-term trends, more must be done to improve upon the quality of what is available and to interrogate what these figures mean. Given longstanding concerns about racial disparities in the use of joint enterprise, the fact that just over 20% of defendants in this year’s report have no recorded ethnicity is simply not good enough.”

A key principle of criminal law is that a person who intentionally assists or encourages another to commit a crime is guilty of the same offence as the principal offender. This is often referred to as ‘joint enterprise’, the law of complicity or secondary liability. Its use in homicide cases has long been the subject of great criticism with concern around its fairness, issues of racial disparities and lack of clarity as to what counts as intentional assistance and encouragement.

While joint enterprise is a doctrine that has its place in law, the lack of clarity as to what constitutes intentional assistance or encouragement, particularly in homicide cases, has resulted in a dangerous precedent. It has meant that for decades, many people who have been on the periphery of the offence, have been prosecuted and convicted of murder alongside the principal party. As a result, there are many people serving life sentences for murder as a secondary party, though their involvement in the index offence is remote.

The Howard League is in touch with people who were not present when the offence took place, who did not know or have any contact with the victim, and some who tried, unsuccessfully, to de-escalate conflict. All are serving life sentences for murder.

Challenging the injustice arising from this doctrine is one of the Howard League’s key priorities. The charity’s work currently focuses on better understanding of the prison experience for those convicted under this doctrine, pushing for better data collection on joint enterprise, and for reform of the law.

Notes to editors

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison.
2. The CPS Joint Enterprise National Monitoring Scheme 2025-26 report can be found on the CPS website.

Contact

Rob Preece
Head of Communications
Tel: +44 (0)7714 604955
Email: [email protected]