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Restraint orders; FAQs answered by our criminal solicitor
14 Feb 2022

When someone is served with a Crown Court restraint order, it is often the first instance that they have had within the criminal justice system. And so, they panic, which is understandable.

In many cases, such an order will follow an arrest or a search warrant to their home or place of business and is often the result of assets or money being seized by the police.

However, if you are a business associate of someone who has recently had assets seized and you have been implicated, you can receive such an order without warning.

But what is a restraint order, and what should you do when you are issued with one?

At ABV Solicitors, our criminal solicitor has helped many of our clients who have been issued with restraint orders to have them removed, enabling them to get back to their lives without any further action being taken against them.

In the following article, our criminal solicitor answers the most common questions we receive about restraint orders.

What is a restraint order?

A restraint order is an order made by the Crown Court that prohibits a specific person from managing their assets in either the UK or abroad.

According to our criminal solicitor, it can be made before or even after a criminal charge has been made against the person, and that person becomes a defendant in court proceedings.

The order aims to prevent any assets under investigation from moving or being dissipated without the consent of those who are prosecuting. It also highlights them so that the prosecution knows which assets may need to be confiscated.

In any instance, when you are given a restraint order, you need to contact our team.

What are confiscation proceedings?

These follow when you are charged and convicted of a criminal offence and are designed to recover the financial benefits you obtained from engaging in the offending behaviour that led to the initial restraint order. For instance, if you committed a scam of some kind and secured a lot of money through it, this money will be seized to return to the victims.

If you owned a property with a business partner and it is alleged that this property was purchased with money obtained from criminal activity, this property will be seized.

What should I do in the meantime?

When your assets are frozen, you should contact our team.

We will ensure that any assets needed for the running of your daily life (assuming it is dependent on the assets that have been frozen) will be available to you and your family.

We will also work on building your case, so the restraint order can be lifted, and any criminal charges brought against you will be minimal.

Can I challenge it?

Of course! And our team at ABV Solicitors will help you.

Challenging a restraint order will involve our team exploring areas such as the lawfulness of the order while advising you on your rights, any third-party rights (such as those of your family) and the preparation of statements to give to the court.

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