Our experienced criminal defence solicitors can provide you with specialist legal advice and representation if you are imposed with a restraint order.
SOLVING PERSONAL LEGAL MATTERS
If a financial restraint order under the Proceeds of Crime Act 2002 (POCA) has been made against you, you should seek legal representation immediately. Contact our criminal defence team on 01772 220 022 or make an online enquiry here.
Restraint orders are often imposed in fraud or drugs cases or any other matters where it is alleged that there has been some form of criminal financial benefit, and are utilised to freeze and thereby preserve assets which may be the subject of subsequent confiscation proceedings An order will prohibit the person or persons named in the order from disposing of or dealing with realisable property held by him, whether or not he is the suspected offender, and will generally include assets acquired after the restraint order has come into effect. As such restraint orders can be extremely damaging to an individual or to a business, and it is crucial to obtain speedy and reliable advice regarding the validity and extent of an order, and whether there may be grounds to challenge the making of the order, or its terms, by way of application for its variation or discharge. For instance, allowances may be made from an individual's assets to enable living and other expenses to be met and such can be the subject of application to the court.
It is therefore important to speak to a solicitor if you have been served with a restraint order to ensure you fully understand it as to breach the order can have serious consequences. If you are concerned that you may have breached a restraining order intentionally or unknowingly it is vital that you contact an experience criminal defence solicitor as you could be in contempt of court by doing so. Get in touch here.
Confiscation orders follow convictions in cases where the prosecution assert that benefit has been derived from the proceeds of a crime. The court will be required to make an assessment of the "benefit derived". It is important to understand that this may include the full value of assets alleged to have been obtained either wholly or partly from the proceeds of crime and are not directed towards a particular asset.
The Court will then make an Order based on the benefit figure unless it can be demonstrated by defendants that their "realisable assets" are lower in value than the benefit figure. A period of imprisonment will be ordered to be served in default of payment which term would be served additionally to any other sentence of imprisonment imposed in the proceedings.
We are regularly instructed to assist clients who have already, at some time or during the course of an investigation or court proceedings instructed solicitors. We are used to dealing with such enquiries and advising as to the transfer of a case from previous solicitors who may not have sufficient experience and expertise in these matters. To speak to a criminal defence solicitor, call 01772 220 022 or alternatively complete our online enquiry form.