Restraint Orders
As part of a criminal investigation Restraint Orders (‘an Order’) may well be obtained by the investigating authority upon an application to the Crown Court, under section 41 of the Proceeds of Crime Act 2002 (POCA’), in order to prevent the disposal or dissipation of any assets , which the authority may seek to forfeit at a later date in any proceedings which ensue.
Nature and Immediate Effect of a Restraint Order
- As any application for an Order is made ex-parte i.e. without any notice being given to the defendant, it is quite possible that such person will only become aware of it when it becomes impossible to withdraw money from a bank account, use credit/debit cards or direct debit are stopped.
- An Order invariably restricts the immediate amount of weekly expenditure to a sum in the region of two hundred and fifty pounds pending any representations which may be made at a later date seeking a greater amount.
- An Order normally requires a Statement of Assets to be filed within a specified period.
Requirements for a Restraint Order
Section 41 of POCA outlines some of the requirements as follows:
- a criminal investigation has started and there are reasonable grounds to suspect that the defendant has benefitted financially from criminal conduct.
- proceedings for an offence have started, but not concluded, and there is reasonable cause to believe that the defendant has benefitted financially from criminal conduct.
- confiscation proceedings have been re-opened as the defendant has obtained further assets which are available to reduce a debt outstanding under a current Confiscation Order.
Assets Available for Restraint
An order may be made prohibiting:
- any dealing with any realisable property
- the disposal of any realisable property, whether or not the property is described in an Order.
- the disposal of all realisable property transferred after the date of an Order.
An Order applies to realisable assets of any nature including bank accounts, whether opened before or after an Order, real property and company assets.
How We Can Help
If you are made subject to a Restraint Order you will require immediate assistance from experts in order to guide and assist you through the difficulties and technicalities with which you will be faced.
At Kangs Solicitors we have a notable record of having dealt with the most complex and high value Confiscation Orders and Restraint Orders.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for three consecutive years in the legal directory Chambers & Partners. Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
If we can be of assistance, please do not hesitate to contact our Team using the information below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester. Alternatively, we provide initial consultations by telephone or video.
