Restraint orders

As part of its powers under POCA, the UK authorities may apply to the Courts for a suspect person or business entity’s assets to be frozen for the purposes of confiscation proceedings in the event they are later convicted of a criminal offence.

There is a requirement that there is at the very least an active criminal investigation into the subject or that actual proceedings have been initiated.  A restraint order is issued under the Proceeds of Crime Act 2002 (POCA), and proceedings can be brought against an individual or business or associated third party or family member to prevent them from selling or passing on assets. Often there are onerous disclosure obligations on the subject requiring them to provide detailed financial information with the threat of contempt of court proceedings should they fail to do so.

James Solicitors have extensive experience dealing with all aspects of restraint orders and have been instructed in some of the largest and most complex cases in this field, so if you are the subject of a restraint order contact James Solicitors immediately to speak to an expert lawyer.