Restraint Orders Barristers
REGULARLY INSTRUCTED FOR RESTRAINT ORDER PROCEEDINGS
Being served with a Restraint Order can feel overwhelming.
These Orders freeze assets without warning, leaving individuals, families, and businesses unable to access funds they rely on.
If you are facing a Restraint Order, acting quickly is essential. Our specialist Restraint Order barristers provide urgent advice and robust representation to challenge unfair restrictions, protect your rights, and secure the variations or discharge you need.
Contact Libertas Chambers today for immediate expert assistance.
What Are Restraint Orders?
A Restraint Order is a court order that freezes assets (regardless of their location) during a criminal investigation.
The purpose is to prevent assets from being moved, liquidated, or hidden and ensure they remain available for confiscation if necessary.
Key points to note about Restraint Orders:
- They can be applied for at any point after a criminal investigation begins, even if you have not been arrested or charged.
- Applications must show reasonable grounds to suspect a benefit from criminal conduct.
- Restraint Orders are often made without notice, meaning you may not be aware of the application until after the order is in force.
The impact of these orders can extend beyond the direct target, affecting third parties such as trustees, business partners, and family members.
Assets may remain frozen for years, causing significant disruption to personal and professional lives.
Can Restraint Orders Be Challenged?
Yes, Restraint Orders can be challenged under several circumstances.
Our Restraint Order barristers regularly represent clients in disputes involving these orders, ensuring their rights are protected.
We may assist with the following:
- Challenging the validity of an order where the conditions for its grant have not been met.
- Applying for variations to ensure essential living or business expenses can be covered.
- Seeking the discharge of orders when proceedings are not initiated within a reasonable time or when the frozen assets are excessive in proportion to the allegations.
For example, business owners under investigation for fraud may find their operational accounts frozen, preventing them from trading.
Our barristers can work swiftly to negotiate variations, allowing business continuity while the investigation proceeds.
What Is The Restraint Order Process?
After a criminal investigation has begun, the Crown can apply for a Restraint Order under section 41 of the Proceeds of Crime Act 2002.
Before making the Restraint Order, a Judge will be provided with evidence from the applicant.
The first you will know about this process is that you will be served with a copy of the order, which will already be in force when you receive this.
These Orders will often remain in place for the duration of an investigation until the conclusion of any resulting criminal proceedings.
Why Choose Specialist Restraint Order Barristers at Libertas Chambers?
Restraint Orders can impose significant restrictions, freezing assets and disrupting both individuals and businesses.
At Libertas Chambers, our specialist Restraint Order barristers have the expertise to navigate the complexities of these cases and deliver effective legal solutions.
With extensive experience in challenging, varying, and discharging Restraint Orders, we provide robust defence strategies tailored to your unique circumstances.
Whether you are facing an order as part of a criminal investigation or impacted as a third party, we work tirelessly to protect your interests.
Clients across the UK trust us for our proactive approach, in-depth legal knowledge, and commitment to achieving the best outcomes.
Contact us today to see how we can help safeguard your assets and rights.
FAQs About Restraint Orders
What should I do if I am served with a Restraint Order?
If you are served with a Restraint Order, it is vital to act quickly. These orders take effect immediately, freezing your assets without warning. Non-compliance can lead to contempt of court or even imprisonment, so do not attempt to move or conceal funds. The first step is to seek urgent legal advice from a specialist barrister who understands Restraint Order defence. They can review the terms, explain your obligations, and explore ways to challenge or vary the order to protect your interests and secure essential access to funds.
Can I vary or discharge a Restraint Order?
Yes, in many cases Restraint Orders can be varied or discharged with the right legal strategy. Variations can allow access to frozen funds for essential living expenses, business operations, or legal costs. A discharge may be possible if the order was improperly granted, disproportionate in scope, or if the investigation has not progressed within a reasonable time. Every case is fact-specific, but specialist Restraint Order barristers can act quickly to prepare an application, present arguments to the court, and push back against unfair or excessive restrictions.
What happens if I ignore a Restraint Order?
Ignoring a Restraint Order is a very serious matter. Non-compliance can be treated as contempt of court, punishable by fines or imprisonment. In extreme cases, it may also lead to charges of perverting the course of justice, carrying further criminal liability. Even accidental breaches can damage your credibility in ongoing proceedings and make it harder to secure favourable outcomes. If you are subject to a Restraint Order, strict compliance is essential — but equally, you should not accept unfair restrictions without advice. A barrister can guide you through your obligations while seeking to reduce the order’s impact.
How can third parties challenge Restraint Orders?
Restraint Orders do not only affect the person under investigation — spouses, trustees, business partners, and companies can all be caught by their wide scope. If you are a third party and assets belonging to you have been frozen, you may be able to challenge the order. This often involves demonstrating that the assets are lawfully yours and unconnected to the alleged criminal conduct. Specialist Restraint Order barristers can act on your behalf to protect your property, limit disruption to your finances or business, and secure fair treatment from the court.