Restraint Orders | Expert Legal Services in Belgravia

It is crucial to take legal advice as soon as possible if you have been served with a Restraint Order.

Restraint Orders are Court Orders preventing someone who is either under criminal investigation or who is being prosecuted for a crime from dealing with property such as companies, bank accounts, real estate, cryptocurrency or other assets.

The Crown Prosecution Service (CPS) or another agent – such as an officer of HMRC – may apply for a Restraint Order at any stage of a case, including from the start of a criminal investigation, or at any stage of a criminal charge or court proceedings.

The Orders are obtained from the Crown Court by a Prosecutor or an accredited Financial Investigator in respect of an individual they consider may have benefitted from criminal conduct.

In addition to the Restraint Order, the Court has the power to make an ancillary order, for the purpose of ensuring that a Restraint Order is effective. This secondary order could include a requirement to provide certain information to the law enforcement agency applicant, such as the details of bank accounts or other property. The court may also consider whether it is necessary to restrict or prohibit travel outside the UK to ensure that the restraint order is effective.

The requirements necessary to obtain a restraint order are set out in the Proceeds of Crime Act 2002 and may vary slightly depending on the stage criminal proceedings have reached.

It is possible to challenge a restraint order and to apply to vary it.

An application can be made to the Crown Court to vary a restraint order, for example to change the amount of money provided to meet reasonable living expenses or to run a business. It is also possible to apply for specific variations, for example to permit the sale of a property (though in most cases like this the proceeds of resulting sale will then need to be subject to restraint).

If the order was made before criminal charge, then it is possible to apply to discharge the order if criminal proceedings are not started within a reasonable time. All restraint orders must be discharged at the conclusion of proceedings.

It is possible to challenge a restraint order on the basis that the requirements for making one were not met, or if there was a failure to disclose information which could have resulted in the court refusing to make the order.

If you, your business / company, a family member / relative, or a friend are accused of an offence or are under investigation and a Restraint Order has been made, it is important to seek legal advice. Discussing your case with a specialist lawyer who understands Restraint Orders at an early stage is essential to help understand what can be done to prepare your case and where possible to challenge the Restraint Order. We can be contacted on 03330 16 96 16 or on email: mail@belgraviasolicitors.co.uk