POCA Restraint Orders

The Proceeds of Crime Act 2002 (POCA) is a crucial piece of legislation in the United Kingdom aimed at combating money laundering and confiscating the proceeds of criminal activities. One powerful tool provided by POCA is the restraint order, which enables authorities to freeze and seize assets suspected to be connected to criminal conduct. These orders play a significant role in preventing the dissipation of illicit funds and preserving assets for potential confiscation, but it is essential to understand the complexities of the law surrounding POCA restraint orders and the various defences available to individual’s subject to them.

In order to secure a conviction in POCA restraint order cases under UK law, the prosecution must prove several key elements. First, they must establish that the assets in question are recoverable property, meaning that they are obtained through criminal conduct. Second, the prosecution must demonstrate that the defendant has a beneficial interest in those assets. Additionally, they need to provide evidence showing that there is a real risk of dissipation of the assets, making it necessary to impose the restraint order. Finally, the prosecution must satisfy the court that it is just and proportionate to grant the restraint order, considering the potential impact on the defendant's rights and interests. By successfully proving these elements, the prosecution can obtain a conviction and secure the freezing and seizure of assets associated with criminal activities.

One possible defence against a POCA restraint order is to challenge the evidence presented by the authorities. The burden of proof lies with the prosecution, and if it can be demonstrated that there is insufficient evidence to establish a connection between the assets and criminal activities, the court may discharge or modify the restraint order.

Another defence is to prove that the assets in question have a legitimate source. This defence requires providing detailed documentation and evidence to demonstrate that the assets were acquired through lawful means. By establishing a clear paper trail and explaining the legitimate origin of the funds, it becomes more challenging for the prosecution to justify the restraint order.

If you or your loved ones are under investigation and you require assistance at any stage of the proceedings, please feel free to get in touch with our friendly staff. We can be contacted on 01274 085199 or by email. We are solicitors covering cases on a national level so no matter where you are please do not hesitate to contact us.