Restraint Orders
Restraint Orders are a tool being used by Prosecuting bodies with increasing regularity. The effect of a Restraint Order is to freeze assets of an individual, for the purpose of protecting them for potential future confiscation hearings, in the event that an individual is convicted or pleads guilty to an offence.
They are usually obtained in cases where an individual is being investigated for fraud, money laundering or serious drug offences.
Can a Restraint Order be obtained against me?
Following procedure set out in the Proceeds of Crime Act 2002, a Crown Court usually makes a Restraint Order against individuals in the following circumstances:
- if a criminal investigation has commenced against an individual in England/Wales, or
- there is reasonable cause to believe that the alleged offender has benefited from criminal conduct.
What is the effect of a Restraint Order?
A Restraint Order prevents an individual or anyone else from dealing with their assets. For example, the order prevents the selling or transferring of property. Bank accounts will be frozen, subject to specified amounts, usually £250.00 per week being allowed to be withdrawn in cash for ordinary living expenses.
What if I need more than £250.00 per week?
There are circumstances where we can apply to the Court for this amount to be increased. For example, if we can prove that the ordinary living expenses of the individual or the family are in excess of £250.00 per week, we can apply to the Court for this sum to be increased.
Can I have funds released from my frozen assets to pay for legal expenses?
Funds can be released from frozen assets to pay for general legal expenses. However, the law specifically prevents assets which have been frozen by a Restraint Order obtained pursuant to the Proceeds of Crime Act 2002, for legal expenses incurred in relation to the Restraint Order or the relevant investigation.
How then can I fund legal advice for my restraint order?
We can accept private funding from a third party or we can examine legal aid options.
How can we help you?
We can advise you as to the validity of the Restraint Order and can examine challenging the making of the Order, with a view to an application to discharge the Restraint Order.
Most Restraint Orders require a statement to be prepared, detailing the assets owned. We can prepare such a statement and provide advice regarding the legal and commercial implications of the statement.
If a Restraint Order has been served on you, this is indicative of the fact that you are being investigated for a serious criminal offence. You should therefore seek our specialist legal assistance to enable us to protect your interests with regard to the investigation, as well as the Restraint Order.
Contact Us
If you have been served with a Restraint Order, please contact us for professional and confidential advice, to enable us to commence protecting your interests as soon as possible.