Jurisdiction(s):
United Kingdom

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Key definition

Joint enterprise definition

What does Joint enterprise mean? Joint enterprise describes criminal liability where two or more people participate in the same offence, typically with one committing the act and others assisting or encouraging. It is a descriptive expression, not a statutory term. In England and Wales and Northern Ireland, liability is governed by the Accessories and Abettors Act 1861 and case law. In R v Jogee, the Supreme Court held that an accessory must intend to assist or encourage; foresight is evidence only, not sufficient. Liability tracks the agreed plan; any departure by the principal is judged by the accessory’s intention. Mere presence or association is...

Joint enterprise secondary liability post-Jogee: actus reus, mens rea, agreement, withdrawal, evidential issues, indictments, jury directions, sentencing and appeals (England and Wales)

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Practice notes

This Practice Note is concerned with secondary liability, sometimes called accessory liability: the liability that attaches to parties to a Joint enterprise.

In criminal Law, when two or more individuals set out on a common venture, whether as principals or as those assisting, each is answerable for deeds carried out in furtherance of that venture, provided the requisite intent is present, save where the principal departs from the agreed boundaries.

In the 2016 decisions of R v Jogee and Ruddock v The Queen, the Supreme Court clarified and reinstated the proper approach to the mental element of intention that must be proved where a defendant is alleged to be a secondary participant in an offence; see News Analysis: Supreme Court rules on ‘joint enterprise’.

Traditionally, a person assisting could be fixed with liability for an offence carried out by the principal if that person foresaw the possibility that the principal might perpetrate the crime.

This was termed parasitic accessory liability, or PAL.

After R v Jogee, PAL is no longer a valid foundation for establishing criminal responsibility.

The Supreme Court held that, although foresight may indicate an intention to aid the principal, it does not, on its own, determine culpability...

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Web page updated on 21/05/2026

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