Rahman Ravelli Solicitors

Restraint Orders - Criminal Proceedings
Under the Proceeds of Crime Act 2002 (POCA) the Crown Court has power to make a restraint order. Previously it was the High Court and in some historic cases Jurisdiction remains with the High Court.

The order will have the effect of restraining what is termed your 'realisable assets'.

The order can be made during the investigation stage, once you have been charged with an offence and right upto the moment payment has been made in relation to a confiscation order (see below).

It is important to seek early and immediate legal advice in order to protect your interests.

Please see our Article on "Freezing your Assets" for further details.

Confiscation Orders
Following a conviction for various offences (which include financial and drug trafficking offences) the Court will on the application of the Prosecution embark on Confiscation Proceedings.

The Court will decide whether a Defendant has benefited from his ''general criminal conduct''. A wide interpretation is attached to this. (s.76 (2) POCA). For these purposes the Court makes various statutory ''assumptions'' (s.10 POCA).

An example of one of the assumptions is as follows; any property transferred to the Defendant within the period of six years ending on the date on which proceedings were started was obtained by him as a result of his general criminal conduct. There are of course other assumptions.

The assumptions are rebuttable and any defence will include a detailed analysis of these. The Defence will clearly need to identify a number of matters.

There are then various procedures, which the prosecution and the Defence have to adhere to.

In the end the Court will be asked to make a confiscation order to a particular amount and failure to pay will mean a term of imprisonment in default.

These proceedings are often difficult and complicated and early preparation is crucial.

Civil Recovery
The Serious Organised Crime Agency (SOCA) and now other agencies such as the Serious Fraud Office (SFO), HMRC and CPS etc can bring Civil Recovery actions in the High Court. Proceedings can be issued by the Director of the SOCA against anybody who the Director thinks holds property obtained through unlawful conduct.

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For further advice:

Contact our Assets Forfeiture Department.