Confiscation, Restraint Orders and Receivership

The Proceeds of Crime Act (POCA) 2002 allows the courts to seize the proceeds of criminal acts from individuals and companies convicted of criminal offences such as fraud or robbery. However, the confiscation proceedings can be extremely draconian, calling for defendants to pay out more than the value of the crime they were convicted for.

Many authorities will seek a pre-trial restraint order against a defendant which prevents them from disposing any assets, thus maximising the potential pay-out. These orders are often made without the knowledge of the defendant, prior to any arrests, which can jeopardise the defendant’s personal and professional finances.

While this can be an extremely complicated area of law, our specialist solicitors will consult with relevant experts to ensure that you, your immediate family and your business are able to carry on as best as possible. We promise to provide a pragmatic approach with a tailored service, negotiation with the authorities, and even litigation when appropriate to protect your interests.

We can provide expert advice and guidance in relation to:

  • Confiscation proceedings
  • Confiscation statements and disclosing of assets
  • Third party representation (both individuals and companies) regarding property involved in confiscation proceedings against other individuals or companies
  • Contesting restraint orders
  • Confiscation order appeals
  • Appeals against confiscation orders
  • Enforcement proceedings
  • Disclosure orders
  • Asset repatriation

Coronavirus (COVID-19) Update

During this time, all our teams will continue to work remotely with full access to our systems and will continue to provide you with a seamless service. During this time we can offer : Telephone appointments Ongoing legal advice Regular communication with your legal team