In a recent article posted to this site we outlined the main consequences arising upon the issue of a Restraint Order by virtue of the Proceeds Of Crime Act 2002 (‘POCA’).
John Veale of Kangs Solicitors now sets out the consequences of breaching a Restraint Order and the possible appointment of a Receiver.
Upon being served with a Restraint Order, it is essential that expert legal guidance is sought in order to effectively attend to the various requirements imposed.
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 five 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.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
Contempt Of Court | Kangs POCA Defence Solicitors
Contempt of court proceedings may result from the breach of a Restraint Order which may arise in a number of circumstances such as:
- attempting to dispose of or deal with assets,
- running a business outside of the terms of a Restraint Order or any variation,
- fail to disclose assets or to submit a Statement of Assets,
- failure to disclose assets falling into possession during the existence of a Restraint Order.
If found to be in contempt of court, the defendant may be committed to prison.
Appointment of a Receiver | Kangs Freezing Order Solicitors
Section 48 of POCA provides that, whether or not there has been a breach of a Restraint Order, the applicant for a Restraint Order may at the time of applying for the Order, or at any time thereafter, apply for the appointment of a Receiver.
Section 49 of POCA sets out the powers that the Court can confer on the Receiver which include the power to:
- take possession of, manage or otherwise deal with property,
- start, carry on or defend any legal proceedings in respect of property,
- realise as much of the property as necessary to meet receiver’s renumeration and expenses,
- enter property in England and Wales to search for or inspect, obtain copies, photograph, record, remove or take possession of anything authorised by the Court,
- hold property, enter into contracts, appoint agents, execute powers of attorney/deeds or other instruments or take whatever steps the Court thinks appropriate.
How We Can Help | Kangs Criminal Defence Solicitors
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.
If you are in need of expert help and advice please do not hesitate to contact our team through: