Restraint Orders

Restraint orders play a crucial role in the realm of UK law, serving as a vital tool in preventing individuals or organizations from dissipating or disposing of assets that may be subject to confiscation or recovery. These legal orders, typically issued by courts, are designed to freeze the assets of the respondent, effectively restricting their ability to transfer or deal with them while an investigation or legal proceedings are underway. Restraint orders are implemented in various scenarios, including criminal investigations, civil recovery actions, and insolvency proceedings, with the overarching aim of preserving assets and ensuring their availability for potential recovery or compensation. By imposing temporary restrictions on asset movements, restraint orders contribute to the effectiveness of law enforcement efforts and the promotion of justice and accountability in the United Kingdom.

If you are the subject of a restraint order, you will require the help of a specialist lawyer to contest it. The order can result in most, if not all, of your personal and/or business assets being frozen, which can be a considerable strain on an individual who is already being investigated for an offense.

This area is not commonly addressed by our competitors, and we recognize that the effect of a restraint order can be even more stressful than the investigation itself. Prosecutors are increasingly using their powers under the Proceeds of Crime Act to restrain an individual's assets, primarily to protect the individual's assets from being discarded, indicating a growing desire by authorities to aggressively pursue those they suspect of financial crime.

The restraint order is generally sought by prosecutors or authorities through the courts during the course of criminal proceedings or investigations. The ultimate objective of the order is to safeguard assets for a possible future confiscation order if an individual is convicted of an offense where it is alleged that they have profited from general criminal conduct.

Restraint orders are often known as "freezing orders," as they effectively freeze all of your assets, preventing you from conducting your business or trade or even your everyday affairs. The far-reaching consequences of a restraint order prevent you from dealing with any of your assets, whether they are within the United Kingdom or overseas.

At Gray’s Defence Solicitors, we have assisted many professional and lay clients and understand the far-reaching effects of a restraint order. Dealing with a restraint order and its variation is crucial, and our professional team understands that time is of the essence. We prioritize clients who are subject to a restraint order because we fully grasp the severe consequences and effects on an individual's ability to conduct their financial affairs or assets.

It is critical to first determine if the restraint order is legal, lawfully obtained, and if it can be challenged or discharged in any way. We understand the frustration of restraint orders and the lengthy investigations by regulatory bodies. Therefore, we challenge the order from the outset because we do not believe it is necessary, and if it can be challenged in any way, it is a priority for our firm.

Once we have established whether the restraint order has been legally obtained, we consider its variation. Variation is frequently used when requesting that a person be permitted to continue trading in their business or trade. Additionally, it is essential to ensure that allowances are made for a person to pay bills and meet reasonable living expenses.

While Grays Defence Solicitors recognize that a properly obtained restraint order protects assets and preserves them for subsequent confiscation proceedings, if a person has legitimately earned income, the order should not be used as a tool to restrict their ability to conduct their daily financial duties and life in general.

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.