business crime & regulatory

 

Confiscation & restraint orders

Restraint orders can be obtained by investigators at very early stages of an investigation. In some cases, this may even be before you have been arrested for a criminal offence.

Restraint orders in most cases prevent a subject from dealing with any of their assets, although there is a right to seek to vary or discharge the orders. Legal aid is available in most cases, as the order specifically prohibit the release of assets to pay legal costs.

Confiscation proceedings are now brought following conviction for many different types of crime. Often the prosecution may seek astronomically high figures for the value that a defendant has benefitted from criminal conduct and it is often asserted that assets are hidden away and orders can be made for payment of such hidden sums, even if there is no direct evidence of their existence.

We take a proactive approach to confiscation proceedings, and have established various strategies for dealing with the prosecuting authorities, often being able to negotiate acceptable resolutions and in some cases persuading the prosecution not to proceed at all.

We will happily look at your case following conviction and pending confiscation proceedings, if you feel that expert advice is now required to defend those proceedings.