Confiscation & restraint proceedings

If you or your business has been pulled into a criminal investigation, you may now be struggling because of confiscation or restraint proceedings.

What are restraint proceedings?

The Proceeds of Crime Act 2002 criminalises the use of any assets (e.g. money, shares and goods) that have been acquired through criminal means such as bribery and tax evasion, and any benefits obtained by a business that has failed to adhere to UK law.

Restraint proceedings involve freezing assets prior to any subsequent confiscation hearing.

This power does not just apply to those subject to arrest or charges. In fact, anyone who finds themselves part of a criminal investigation may have their assets frozen by a restraint order.

What is a confiscation order?

A confiscation order is an order made by a court at the end of a confiscation hearing, which is usually brought under the Proceeds of Crime Act 2002.

The purpose is to remove profit from crime. It does this by allowing the Crown to impound anything which it believes to be – or obtained using – the proceeds of crime.

What are the effects of restraint proceedings?

If you are subject to a restraint order, it may make it impossible for you to do everyday things like pay your mortgage, or run your business.

An order will also require you (and sometimes your spouse or business partner) to provide in-depth information about your financial affairs.

If you or anyone else involved fails to comply, prosecutors may seek to find you in contempt of court.

If I am subject to a restraint or confiscation order – what can I pay for?

Restraint and confiscation orders generally allow the defendant to have 'reasonable living expenses’ and ‘reasonable legal expenses’.

However, reasonable legal expenses do not include those related to the criminal proceedings that have resulted in the freezing of your assets.

As a result, you will have to seek things such as third-party funding to fight your confiscation order.

I’ve had my assets seized under the Proceeds of Crime Act - what can you do for me?

To understand your rights and fight your case effectively, we recommend you contact legal professionals, such as those available through First4Lawyers, as soon as you can.

This is a very specialist area of law and it is important your legal team has detailed knowledge of such matters. For this reason, we will only ever assign experienced lawyers to your case.

Contact the experts at First4Lawyers to discuss your needs.

Why choose First4Lawyers?

  • Friendly, approachable service
  • Panel of expert solicitors 

  • Your case reviewed for free

  • You choose a convenient time for us to contact you

Holly was amazing, her attentiveness, understanding and her general customer care was outstanding. Made me feel very comfortable speaking to her. I could not recommend a better company to speak to and with such amazing staff.

Miss Emma J

I was dealt with the most kind and caring manner by Rebeka. Also very efficient by explaining everything I had to know and connecting me to a solicitors who would deal with my claim. Thank you!

Mrs A Hill

Nice staff, very helpful and very easy to deal with. The initial part only took a few minutes. Staff also very knowledgeable and know what they are talking about.

Mr Richardson

Spoke with a lovely advisor called Chelsea who was great. She listened to everything that I said and gave brilliant advice. Her customer service was brilliant, she was very polite and gave me all the information about what are the next steps.

Mr N Dean

Get in touch today to discuss your requirements 08005677866

It seems you are using an outdated browser.

This will impair your browsing experience around the web. Please visit one of the links below to update to a modern browser then re-open the site with the new browser.

Thank you


Can't find what you are looking for?

We are open as normal during the Coronavirus lockdown and are able to help with all your legal needs.

Call us free of charge

0800 567 7866

Request a Callback

Continue browsing