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Restraint & Confiscation

Restraint and confiscation orders are powerful tools used by authorities to freeze and recover assets believed to be linked to criminal activity. These orders can have a significant impact on your financial stability and freedom.
At Astons Law, we specialise in defending clients facing restraint and confiscation proceedings under the Proceeds of Crime Act 2002 (POCA). Our experienced criminal defence solicitors understand the complexities of these cases and are here to provide expert legal guidance.
Below, we’ve outlined the key aspects of restraint and confiscation orders, including how they work, common scenarios, and how we can help. If you’re facing such proceedings, contact us today for a confidential consultation.

Restraint Orders

A restraint order is a court order that freezes your assets to prevent them from being dissipated before confiscation proceedings are completed. This can include bank accounts, property, vehicles, and other valuables.
How we Can Assist You
  • Challenge the legality of the restraint order
  • Argue that the assets are not linked to criminal activity
  • Apply to vary or discharge the order to release essential funds for living expenses or legal fees

Confiscation Orders

A confiscation order requires you to pay a specified amount of money based on the benefit you are deemed to have obtained from criminal conduct. If you fail to pay, you could face additional prison time
How we Can Assist You
  • Challenge the prosecution’s calculation of the benefit figure
  • Argue that the available amount (your realisable assets) is lower than claimed
  • Negotiate for a reduced confiscation order or extended payment terms

Cash Seizure and Forfeiture

Under POCA, law enforcement can seize cash over £1,000 if they suspect it is linked to criminal activity. If no challenge is made, the cash can be forfeited permanently.
How we Can Assist You
  • Challenge the legality of the cash seizure
  • Provide evidence to prove the legitimate source of the cash
  • Represent you in court to recover your funds

Tainted Gifts

A tainted gift is an asset given to another person (e.g., family or friends) to avoid confiscation. The court can recover the value of such gifts from the recipient or include it in your confiscation order.
How we Can Assist You
  • Challenge the prosecution’s claim that a gift is tainted
  • Provide evidence to show the gift was made legitimately
  • Negotiate to protect the recipient’s interests

Hidden Assets

If the prosecution believes you have hidden assets, they can apply for a higher confiscation order. Failing to disclose assets can result in additional penalties, including extended prison sentences.
How we Can Assist You
  • Assist in accurately disclosing your assets
  • Challenge allegations of hidden assets
  • Provide evidence to prove the true extent of your realisable assets

Enforcement of Confiscation Orders

If you fail to pay a confiscation order, the court can enforce it by seizing assets, garnishing wages, or imposing a default prison sentence.
How we Can Assist You
  • Negotiate for extended payment terms or reduced amounts
  • Challenge enforcement actions that are disproportionate or unlawful
  • Represent you in court to avoid additional penalties

Third-Party Interests

Third parties, such as family members or business partners, may have a legitimate interest in restrained or confiscated assets. They can apply to the court to protect their interests.
How we Can Assist You
  • Represent third parties in asserting their claims to assets
  • Provide evidence to prove their legitimate ownership or interest
  • Negotiate to protect third-party rights

Appeals Against Restraint or Confiscation Orders

If you believe a restraint or confiscation order is unjust, you can appeal to a higher court.
How we Can Assist You
  • Prepare and file a strong appeal against the order
  • Challenge errors in the calculation of benefit or available amounts
  • Represent you in court to achieve a fair outcome

International Aspects of Restraint and Confiscation

Restraint and confiscation orders can extend to assets held overseas. Authorities may work with international agencies to recover these assets.
How we Can Assist You
  • Challenge the inclusion of overseas assets in the order
  • Provide evidence to prove the legitimate source of foreign assets
  • Represent you in cross-border legal proceedings

Variations and Discharges

If your circumstances change, you can apply to vary or discharge a restraint or confiscation order.
How we Can Assist You
  • Prepare and file applications to vary or discharge orders
  • Provide evidence to support your case for variation or discharge
  • Represent you in court to achieve a favourable outcome

Why Choose astons law

Extensive Experience: Our team has extensive experience in restraint and confiscation cases under POCA
Personalised Approach: We tailor our defence strategies to the unique circumstances of each case
Proven Results: We have a track record of achieving favourable outcomes for our clients

Contact Us today

Don’t let restraint or confiscation orders devastate your finances. Contact Astons Law today for a confidential consultation and let us fight for your rights.

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