Keir Monteith KC speaks at Westminster Commission on Joint Enterprise panel

The Commission on Joint Enterprise heard from a panel of experts on Monday 3 March 2025. Our Keir Monteith KC of the Garden Court Criminal Defence Team was on the panel, which included Dr Nisha Waller,  Dr Patrick Williams and Christopher Richards.

The Westminster Commission on Joint Enterprise was launched in November 2024, and aims to examine the law, practice, and policy of joint enterprise – the common law doctrine that allows multiple people to be prosecuted and punished for the same crime. The Commission will complete its investigation over the next 18 months, and will produce a report with recommendations for reform

The Commission’s discussion focused on the racial injustices in the operation of ‘joint enterprise’. As noted by the Commission, there is considerable statistical evidence which suggests that certain racial and ethnic groups are disproportionately charged and sentenced under ‘joint enterprise’.

Keir began his contribution to the panel discussion with quotes from MPs that were made into a rap by Drill Minister (watch the video on YouTube), commissioned by Channel 4 News.

Keir cited two Manchester cases as evidence of the misuse of music and racial stereotypes in the criminal courts. Keir led the legal team, alongside Audrey Cherryl Mogan of Garden Court Chambers, representing Ademola Adedeji in the Manchester 10 Appeals, instructed by Zachary Whyte and Ruby Breward of Sperrin Law. On Wednesday 15 January, the Court of Appeal quashed Ademola Adedeji’s conviction for conspiracy to commit grievous bodily harm.

This historic and important win came following a two-day appeal in December 2024, where JUSTICE, a cross-party law reform and human rights charity intervened, and compelling fresh evidence was called.

Keir also referenced the Moss Side joint enterprise case, which received widespread press coverage, including in The Guardian. Keir made the application to the the Criminal Cases Review Commission (CCRC) on behalf of three black men contesting their murder convictions on the grounds of institutional racism by Greater Manchester Police and the criminal justice system (CPS), supported by Liberty.

Keir also cited a recent case as evidence of the incredible reach of joint enterprise, where Garden Court counsel were instructed on behalf of defendants. After a four-month murder trial, where the prosecution alleged that six young black boys were all guilty of a joint enterprise murder, an Old Bailey jury found all six not guilty. Keir and Gerwyn Wise of Garden Court, instructed by Ghislaine Sandoval of Hodge Jones & Allen, represented KB, one of the boys who was exonerated. He was just 15 at the time of the murder.

Importantly, in all cases cited by Keir, all defendants in the above were Black or mixed race. Keir has previously helped to raise the issue of institutional racism in the justice system in the report, Racial Bias and the Bench, which draws on a survey of 373 legal professionals, and with 95% of the survey respondents stating that racial bias plays some role in the processes or outcomes of the justice system.

Recently, the co-authors of the report which includes Keir and Professor Eithne Quinn of The University of Manchester, have made a submission to the Independent Review of the Criminal Courts, led by Former President of the Queen’s Bench Division, Sir Brian Leveson. The report received extensive media coverage including in The Guardian, The Times, and the Law Society Gazette. 

Keir urged the Commission to extend their remit to conspiracy, which sits under the umbrella of joint enterprise.

In order to start to rebalance the system, Keir suggested:

• The recommendations in Racial Bias and the Bench, should be adopted.
• The Art Not Evidence legislation should be passed.
• People should only be prosecuted for what they have done – they should not face a trial on the back of a theory based on racial stereotypes and bias.
• The JUSTICE recommendations in the case of Oni and Ors. v R [2025] EWCA Crim 12 should be adopted.