Call us 0333 370 4333
31/08/23

Restraint Orders

Restraint Orders
Share

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.

Hamraj Kang

Hamraj Kang
Senior Partner

Email Phone Mobile
John Veale

John Veale
Partner

Email Phone
Tim Thompson

Tim Thompson
Partner

Email Phone
Account Freezing Order, Financial Investigations, Tax & HMRC
In a recent case, the team at KANGS successfully secured the removal of Account Freezing Orders (AFOs) obtained by HM Revenue & Customs (HMRC) against seven different bank accounts. HMRC obtained the Freezing Order on the grounds that it suspected the funds held within the accounts were derived from criminal conduct, namely tax evasion, and […]
11/10/24
Financial Investigations, POCA
Can a confiscation order be re-opened after the date it was originally made? We examine the options available to the prosecution and also the steps that can be taken to safeguard the interests of those subject to a confiscation order. The Law Unless the amount found payable under a confiscation order is discharged in full, […]
09/09/24
Financial Investigations, POCA
Nazaqat Maqsoom of KANGS Solicitors outlines the circumstances in which the Slip Rule can be applied and looks at a recent Judgement by the Court of Appeal which considered its application. What is the Slip Rule? The Crown Court, by virtue of Section 155 Powers of Criminal Courts (Sentencing) Act 2000, as amended by section […]
02/09/24

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.
Old map of Birmingham