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What is a Restraint Order?
Our team understand that coming into conflict with the criminal justice system can be a distressing time for you and those closest to you. We will guide you through the process, advise you on your options and provide you with the best representation at court.
What is a restraint order?
Restraint Orders are generally obtained against an individual who is under investigation for criminal offences such as, fraud, money laundering, drug trafficking, or where s.22 proceedings under Proceeds of Crime Act are contemplated.
A restraint order may be obtained by the prosecution at an early stage of an investigation by the police, ahead of any criminal trial or following a criminal conviction where proceedings under the Proceeds of Crime Act are anticipated.
A restraint order is designed to freeze the assets of an individual when a criminal investigation is under way.
How are restraint orders obtained?
Restraint orders are generally obtained in the Crown Court
Restraint orders are granted without notice to the individual or individuals affected. The first a person may realise that there is a restraint order in place is when the use of banking facilities are suspended or closed down.
The order prevents assets being sold or otherwise disposed of and is designed to make sure that at the conclusion of any criminal proceedings the assets are preserved so that they may be used to pay off any later confiscation order made under the Proceeds of Crime Act.
What happens if I fail to comply with a restraint order?
A failure to comply with an order is treated as a contempt of court. A successful prosecution for disobeying a restraint order resulting in contempt proceedings can lead to a period of imprisonment in addition to any prison sentence for the original offence.
Of course, the making of a restraint order can and does affect others who have nothing to do with any crime at all. Jointly held bank accounts can be affected, as can properties that are jointly owned. Funds to meet bills and other commitments becomes a problem.
How we can help
We understand the issues which affect and surround the individual and family members when a restraint order is made. We can guide you through the various steps and actions that need to be taken. We can advise on such things as:
- Is the order lawful?
- Is there a possibility to challenge the order?
- Can the order be varied to allow the sale of property?
- Can more money be obtained for living expenses?
- Does anything have to be done to comply with the order?
- What happens next?
We have solicitors experienced in dealing with cases of fraud, money laundering and drug trafficking.
- We can help you with the restraint order.
- We can attend with you any interview under caution.
- We can help you prepare your case should you be charged with any criminal offences.
- We can advise on any necessary experts from other disciplines to help best present your case in any court proceedings.
- We can help you in any application made under the Proceeds of Crime Act should you be convicted
- We can advise any family who are unfortunately caught up in any restraint or confiscation proceedings
Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.
How to get in contact
Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion on 0330 333 2613 or email email@example.com and we will call or email you back.
How to make contact out of hours
We have emergency contact numbers for individuals who require police station representation outside of our office hours.
If you require assistance from one of our criminal defence solicitors when out of our normal office hours, it is vital that you call us on:
- Chesterfield: 07717802850
- Derby: 07776240152
- Mansfield: 07741592301
- Nottinghamshire: 07741592301
Elliot Mather LLP maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.
Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD
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