The Proceeds of Crime Act 2002 provides a power to;
It is crucial to seek legal advice as soon as a restraint order is served to take steps toward discharging or varying it. Failure to comply could result in contempt of court and potential imprisonment.
Restraint orders, also known as “freezing orders,” are commonly used by investigating authorities and prosecutors to prevent individuals from accessing or managing their assets—regardless of whether they were lawfully acquired. These orders significantly restrict a person’s ability to control their own property.
Under the Proceeds of Crime Act 2002, investigators can apply to a Crown Court judge—without prior notice—to restrain the assets of a suspect, defendant, or even third parties linked to the accused, such as business associates or family members. Once an order is in place, authorities typically notify banks and financial institutions to prevent withdrawals or asset transfers. This can cause significant distress, as bank accounts may be frozen, credit cards declined, and direct debits dishonoured.
Restraint orders can be issued independently, even before criminal proceedings begin. They are frequently used in complex criminal investigations involving allegations of fraud or serious drug conspiracies. In many cases, the police will execute a search warrant and serve a restraint order simultaneously.
If you have been served with a restraint order, you are legally prohibited from dealing with any of your assets, even those not specifically listed in the order. Violating this restriction could lead to contempt of court charges.
If you or a third party have an interest in an asset that has been frozen under a restraint order, contact us immediately for legal assistance.
Please see examples of our cases where we have been able to assist our clients.
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