Jurisdiction(s):
United Kingdom

Related legal acts

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...

Determining benefit and recoverable sums in joint enterprise confiscation under POCA 2002 (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Process for making Confiscation orders in Joint enterprise cases

There is a three-stage method for calculating a confiscation order under the Proceeds of Crime Act 2002 (POCA 2002):

first, determine whether the defendant has benefited from the relevant Criminal conduct
second, establish the value, i.e. the quantification, of that benefit
third, decide what amount is recoverable from the defendant

See Practice Note: Confiscation under the Proceeds of Crime Act 2002. This Practice Note outlines how the court approaches the question of benefit in confiscation proceedings arising from joint enterprise cases. For detailed guidance on assessing benefit more generally, see Practice Notes: Confiscation step 1: Does the defendant have a criminal Lifestyle?, Confiscation step 2: Has the defendant benefited from relevant criminal conduct? and Determining the recoverable amount (benefit and available amount) under POCA 2002. The leading authority on joint enterprise cases is the Supreme Court’s judgment in R v Ahmad; R v Fields, discussed in News Analysis: Confiscation orders and joint benefit...

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Christopher Sykes

33 Chancery Lane

Christopher acts for the prosecution and defence in cases of business crime and investigations. He has been instructed by the FCA as junior and disclosure counsel in complex prosecutions. He has gained experience of investigations through his work with the Enforcement Decision Making Committee of the Bank of England and the Fraud Investigation Service of HMRC. He has been led by senior members of Chambers in defending private prosecutions for fraud and in confiscation proceedings. He has defended individuals facing allegations of civil contempt in the High Court for breach of freezing injunctions. He is panel counsel for the SFO. Alongside his business crime practice, Christopher offers extensive experience and expertise in the practice area of professional discipline and regulation. He is frequently instructed by the GDC to present the case in substantive, interim, and High Court matters. He is regularly...

Web page updated on 21/05/2026

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