Criminal restraint orders

A financial restraint order, also known as a freezing order or asset preservation order, is a court order that restricts a person's ability to dispose of or deal with their assets. This is often done to prevent the dissipation of funds that may be subject to confiscation proceedings.

If you have a financial restraint order made against you in the UK, there are several options available to you. However, it's crucial to seek legal advice from a qualified professional as soon as possible to understand your specific situation and explore the most appropriate course of action.

Grounds for financial restraint orders

• Money Laundering - the concealment or disguise of the proceeds of crime.

• Terrorism Financing - the provision of financial support to terrorist activities.

• Serious Crime - serious offenses, such as fraud, drug trafficking, and tax evasion.

The Process of Obtaining a Financial Restraint Order

1. Application - the prosecution can apply for a financial restraint order at any stage of criminal proceedings.

2. Hearing - a court hearing is held to consider the application. The respondent may present evidence and arguments.

3. Order - if the court finds that there is a risk that the respondent may dissipate their assets, it may grant a financial restraint order.

Possible Defences

• Lack of Evidence - the prosecution may not have sufficient evidence to prove the alleged connection between the assets and criminal activity.

• Put forward alternative evidence - You may be able to challenge the financial restraint order in court by producing evidence to support your claim that the order is unfair, excessive, or unjustified or argue that assets were acquired through legitimate means.

• Excessive Restraint - the respondent may argue that the financial restraint order is too broad or restrictive or will relate to assets that are not related to the alleged crime.

• Seek Variations or Discharge - If you can't challenge the order outright, you may be able to seek variations or a discharge. This means requesting the court to modify or lift the order. You might be able to argue for relaxation of restrictions allowing you to use certain assets for essential expenses, removal of certain assets -,if they are not connected to the alleged crime and/or discharge of the order if the circumstances have changed or the risk of asset dissipation has diminished.

Comply with the Order

While challenging the order or seeking variations, it's important to comply with the terms of the financial restraint order. Failure to do so can result in further legal action, including additional penalties.

If you need experienced, specialist lawyers to advise you on a financial restraining order or any kind of Proceeds of crime issue, please do get in contact.