Visitors to this page are primarily seeking information on criminal restraint and confiscation, as well as expert legal assistance in navigating these complex processes. Our experienced solicitors offer in-depth knowledge of the relevant laws, providing personalised attention and proactive representation to achieve the best possible outcomes for our clients. We offer a range of services, including challenging restraint orders, negotiating or appealing confiscation orders, addressing third-party interests, and defending against enforcement actions. With our commitment to transparent communication, clients can expect to stay informed and updated throughout the entire process. If you require professional guidance in any aspect of criminal restraint and confiscation, don’t hesitate to contact our legal team for a consultation or to discuss your case further.
Criminal restraint and confiscation
Expert Criminal Restraint and Confiscation Solicitors
Facing criminal restraint and confiscation proceedings can be an incredibly stressful experience, with the potential to significantly impact your financial stability and future. We are expert criminal defence solicitors and we specialise in providing expert guidance and representation in relation to criminal restraint and confiscation matters.
Why Choose Us for Your Criminal Restraint and Confiscation Needs?
When it comes to safeguarding your assets and navigating the complexities of criminal restraint and confiscation, you need a legal team you can trust. Our solicitors are committed to providing you with the highest quality representation, backed by years of experience and an unwavering dedication to achieving the best possible outcomes for our clients.
In-Depth Legal Expertise
We have extensive knowledge of criminal restraint and confiscation laws. We will ensure that your case is handled with the utmost care and competence.
We understand that every case is unique, which is why we take the time to thoroughly understand your circumstances and tailor our approach to best suit your needs.
We are proactive in our approach. We will work diligently to identify and address potential issues in support of your defence, thereby maximising your chances of success.
We are dedicated to keeping you informed and updated throughout the entire process. We will not leave you in the dark about the progress of your case. You will have direct access to your legal team.
What is Criminal Restraint and Confiscation
Criminal restraint and confiscation are legal processes that can be initiated against individuals who are suspected of obtaining assets through criminal activity or who have been convicted of a criminal offence. These proceedings are designed to prevent criminals from benefitting from their criminal conduct. They prevent the disposal of assets and they aim to recover the proceeds of crime.
Criminal restraint refers to a legal action that restricts an individual’s freedom or control over their assets during an ongoing criminal investigation. It involves the issuance of a restraint order, a court order that effectively freezes the individual’s assets, regardless of their location worldwide. This preventative measure ensures that the accused cannot move, liquidate, or dispose of their assets, preserving them for potential confiscation or compensation to victims upon case resolution. Criminal restraint aims to protect the integrity of the judicial process and safeguard the interests of all parties involved.
Key aspects of criminal restraint and confiscation include:
These orders can be imposed by the court to freeze assets, preventing their disposal or transfer until the conclusion of criminal proceedings.
The prosecuting authority will apply to the court for a restraint order, presenting evidence that suggests assets are connected to criminal activity for example.
If the court is satisfied with the evidence provided, it will issue a restraint order, freezing the relevant assets. (It may make an allowance for certain key expenditure and/or legal fees that will be incurred by the defendant in challenging the order.)
Following a conviction, the court may issue a confiscation order to recover the value of any assets deemed to have been obtained through criminal activity.
If a confiscation order is not complied with, enforcement action can be taken, which may involve the seizure and sale of assets to satisfy the order.
Enforcement applications are usually made and heard in the Magistrates’ Court.
Expert Guidance and Representation
Our team of solicitors is committed to providing comprehensive support and representation in all aspects of criminal restraint and confiscation, including:
Challenging Restraint Orders
We can help you contest the imposition of a restraint order by presenting evidence and legal arguments to demonstrate that the order is unnecessary or unjust.
Negotiating Confiscation Orders
Our solicitors can negotiate with the prosecuting authorities on your behalf to reach an agreement on the value of your assets and the amount to be confiscated, minimising the financial impact on you.
If a negotiated outcome cannot be achieved, it may be possible to challenge the benefit figure, dispute the value of the assets (the available amount) by arguing that the amount should be lower based on the available evidence.
Third party interests
The court can consider third party interests in relation to these kinds of orders.
Appealing Confiscation Orders
If you believe that a confiscation order has been incorrectly calculated or unfairly imposed, we can assist you in appealing the decision and presenting your case before the appropriate court. In some cases, it may be possible to seek a Certificate of Inadequacy.
We can advise and represent you in cases where enforcement action is being taken. We can seek to agree with the prosecution or apply to the court to ask for further time for the disposal of assets to allow you to comply with a confiscation order.
Contact our criminal restraint and confiscation solicitors
If you are the subject of criminal restraint, confiscation or enforcement proceedings in connection with confiscation, we can help and ensure that you have the representation you need.