Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Criminal conduct definition

What does Criminal conduct mean? In legal practice, criminal conduct refers to behaviour that amounts to a criminal offence and is central to money laundering, confiscation and asset recovery work. In the UK it is a defined term in the Proceeds of Crime Act 2002 (POCA 2002), s 340: conduct that constitutes an offence in any part of the UK, or would do so if it occurred there. This captures overseas conduct on an “as if committed here” basis and underpins related POCA concepts such as criminal property, benefit from criminal conduct and the triggers for suspicious activity reports (SARs) and reporting obligations in...

Confiscation Step 2: Determining ‘benefit’ under POCA 2002 (England and Wales): GCC vs PCC, statutory assumptions, obtaining, disproving assumptions, proportionality, mortgage/remortgage fraud, regulatory offences and joint enterprise

Published by a LexisNexis Corporate Crime expert

Practice notes

Section 6 of the Proceeds of Crime Act 2002 (POCA 2002) prescribes the process for making any Confiscation order. After the requirements in POCA 2002, s 6(1) and (2) are met, the court is obliged to decide if the offender has a criminal Lifestyle. That designation allows the court to infer that the defendant’s wrongdoing is not confined to the conduct proved by the conviction currently before it. In substance, the court proceeds on the basis that the defendant has engaged in other criminal behaviour, leading up to the offence(s) of conviction, which has not been discovered or sanctioned. The criminal lifestyle regime in POCA 2002 takes the form of a statutory test used to decide whether the defendant is to be treated as having a criminal lifestyle, and it frames the assumptions the court may apply during the exercise. For detail on what amounts to a criminal lifestyle under POCA 2002, see Practice Note: Confiscation step 1: Does the defendant have a criminal lifestyle? and Criminal lifestyle—flowchart.

Confiscation step 2—determining benefit

Once the court has resolved whether to treat the defendant before it as having a criminal lifestyle, it must then determine the extent of their benefit...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...