regularly instructed for restraint proceedings
At any stage after a criminal investigation has begun, the Crown can apply for a Restraint Order under section 41 of the Proceeds of Crime Act 2002 which has the effect of freezing some or all of a person’s assets both in the UK and abroad pending future confiscation proceedings. These orders will often remain in place not only for the duration of an investigation but until the conclusion of any resulting criminal proceedings.
We regularly advise and represent clients who are subject to or threatened with Restraint Orders. This can involve challenging the Orders where the conditions for their grant have not been satisfied and applying for variation or discharge, for example when proceedings are not brought within a reasonable time or where the amount of assets frozen is excessive. We also represent third parties, such as spouses, companies or business partners who are affected by such orders to ensure that their interests are protected.