A prosecuting authority will, more often than not, seek a Restraint Order (a ’Restraint Order’) from a court when investigating serious financial crime and in circumstance where it wishes to prevent a suspect from disposing of or dissipating the value of an asset.
The Proceeds of Crime Act 2002 (‘POCA’) is the governing legislation and John Veale of Kangs Solicitors outlines the position.
Upon being served with a Restraint Order, it is essential that expert legal guidance is sought in order to effectively attend to the various complexities attaching to such an Order.
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:
Conditions for Obtaining A Restraint Order | Kangs POCA Defence Solicitors
Section 40 of POCA sets out the conditions under which the Crown Court can grant a Restraint Order, any of which will suffice, as follows:
- a criminal investigation has started in England and Wales and reasonable grounds suggest that the alleged offender has benefited financially from criminal conduct.
- criminal proceedings have commenced in England and Wales and, whilst not concluded, there exists reasonable cause to believe that the defendant has financially benefited from criminal conduct.
- an application has been made by a Prosecutor to re-open/commence Confiscation Proceedings and there is reasonable cause to believe that the defendant has benefited financially from criminal conduct where:
- there has either been no consideration of confiscation previously or consideration of confiscation where no financial benefit was found and new evidence has emerged.
- a defendant is convicted at Crown Court before or after they abscond or they abscond following being committed to Crown Court for sentence or confiscation proceedings.
- a defendant absconds after proceedings for an offence have commenced but not concluded.
The Making of a Restraint Order | Kangs Freezing Order Solicitors
An application is usually made by the Prosecuting Authority on an ex-parte basis i.e. without the need for Notice to be given to the person who is the subject of the Restraint Order.
Under Section 41 of POCA, in the event that any of the conditions set out above are satisfied, the Crown Court may make a Restraint Order:
- prohibiting any specified person from dealing with any realisable property that they hold,
- which will apply to all realisable property held by the specified person whether or not the property is described in the Restraint Order,
which will apply to all realisable property transferred to the specified person after the Restraint Order is made.
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: