Restraint & Confiscation Solicitors

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The Serious Organised Crime and Police Act 2005 and the Proceeds Crime Act 2002 give the authorities the power to seize assets even if they are not prosecuting the individual for a crime.

Whether you are arguing against restraint and confiscation proceedings or would like to stop unlawfully acquired funds from being hidden or moved, speak to our expert criminal defence lawyers in Birmingham, London or Northampton today. To arrange a free, initial consultation, call us on 0300 303 2071 or email info@witansolicitors.co.uk.

We are not able to provide a no-win, no-fee option for our criminal law services. For additional information on our pricing, feel free to contact our team today.

Our Expertise

Since 2014, we have been helping countless clients deal with restraint and confiscation orders. With extensive experience under our belts, we have a strong record of success in restoring and protecting assets. We will guide you throughout the entire process, from police interviews and gathering evidence to proving the source of money. On top of this, we can advise those facing HMRC investigations.

How We Can Help

Our specialist solicitors can assist with a range of offences, including:

• Freezing Orders – These prevent a defendant or potential defendant from disposing of or moving their assets
• Cash seizures – The Proceeds of Crime Act 2002 allows cash to be seized by the police or UK Border Force If they suspect that it is the proceeds of criminal activity or intended for use in unlawful conduct
• Restraint orders – These are usually issued in fraud or scamming cases to freeze the defendant’s bank account and assets. This means that the assets are available for confiscation. Our fraud solicitors excel at arguing against restraint orders.
• Confiscation orders – These are made after a conviction to take away any benefits the defendant has obtained from the crime. If you think that you may be subject to a confiscation order, our lawyers can prevent the issue from escalating before it reaches the court
• Restraint and confiscation proceedings – If someone is convicted of a crime that has benefited them financially, the prosecution can seek restraint and confiscation orders to prevent the illegally acquired funds from being hidden, moved or spent. Our solicitors can guide you through proceedings to ensure assets are returned to you

Restraint Orders

In simple terms, a restraint order prevents a specific person from dealing with any property held by them that can be sold for money. In most cases, the person named in the order will be the defendant. However, innocent third parties such as spouses and business partners can be named.

Once the restraint order is issued, copies and witness statements need to be served to the defendant and any other party prohibited from dealing with the property. Third parties can make a written application supported by a witness statement to change or discharge the order. If you are an innocent party, call our restraint order solicitors today on 0300 303 2071 or email info@witansolicitors.co.uk.

Cash Seizures

Cash seizures allow the authorities to recover the proceeds of a crime without the need for criminal proceedings. If the police or the UK Border Force have reasonable grounds for suspecting that cash has been or will be used for unlawful activity, they can seize it.

If you believe your cash has been wrongfully seized, our criminal defence solicitors can help you get your money back.

Protecting Third-Party Rights

The Proceeds of Crime Act 2002 recognises and protects third-party rights, such as spouses, business partners, private tenants and anyone who may have a beneficial interest in the property. Our solicitors will help you establish and protect your rights regarding restraint orders, cash seizures and the enforcement of confiscation orders.

Enforcement of Confiscation Orders

If a confiscation order reaches the enforcement stage, third parties can make applications to the court regarding their interest in the property. To continue your enjoyment of the property, speak to our solicitors today.

Civil Recovery Orders

A civil recovery order may be issued at the end of civil proceedings if the court is satisfied that the property is recoverable. As civil asset recovery is usually faster and more cost-effective, these proceedings may become more and more common. Not to mention, they do not require conviction and it is up to the respondent to prove that the assets are not the proceeds of crime.

The authorities can use the following remedies to disrupt those whom they suspect of criminal activity:

• Cash seizures
• Restraint orders
• Freezing orders
• Confiscation orders
• Disclosure orders
• Recovery orders
• Receivership orders
• Condemnation of goods

Bear in mind that these actions can impact innocent third parties. In such cases, it is crucial to get legal assistance at the earliest opportunity.

SOCPA Agreements

Under Part 5 of the Proceeds of Crime Act 2002, a SOCPA agreement can prevent the recovery of proceeds of criminal conduct following conviction. If you are facing a serious term of imprisonment, it may be worth considering a SOCPA agreement.

Our lawyers have the expertise to handle negotiations of such agreements and understand what prosecuting authorities want. We will work with you to gather new evidence and present a strong case to help you secure a discounted sentence.

Why Choose Witan Solicitors?

Over the years, we have acted on behalf of countless individuals and high-profile businesses. We have a wealth of experience successfully tracing assets and obtaining injunctions to restrain or realise assets. With us as your legal partner, you benefit from:

• Over 100 years of combined practice law experience
• Proven track record of working with high-profile businesses and individuals
• Representation from a Legal 500 recognised law firm 
• Unmatched legal expertise
• Multilingual legal professionals
• Advice on restraint and confiscation orders in Birmingham, London and Northampton

FAQ

What should I do if I have been served a criminal asset restraint order?

It is advisable to seek legal advice from our specialist solicitors who will review the terms of the order and advise you on the next best course of action.

Can I vary or discharge the order?

Yes. It is possible to vary the order in correspondence with the court or by going back to court for a major variation. Similarly, third parties can discharge a restraint order.

What if the order affects my business?

Even if the court suspects that your company is sheltering the proceeds of a crime, they need to ensure that legitimate business can continue. Our specialist solicitors can help you establish your rights in such cases.