Criminal Restraint & Confiscation
The Proceeds of Crime Act 2002 (POCA) has given prosecuting authorities a wide range of powers to impose injunctions. The most common use of these powers is the imposition of a criminal restraint against defendants, who are either under investigation or are subject to criminal proceedings.
Restraint Orders have a devastating impact on the people they are imposed upon – as well as their families and business interests. This is partly because, Restraint Orders freeze all of your assets. This is a complex area of law, which requires expert and highly specialist solicitors.
At Eldwick Law, we have successfully discharged and varied numerous Restraint Orders. This has freed up our clients’ assets and allowed them to continue meeting their personal and business-critical financial commitments.
If you are convicted of an offence, the prosecution may seek to confiscate or freeze your assets, to ensure that you don’t benefit from the proceeds of any criminal activity. The prosecution is often granted extensive powers of recovery, which can affect your family, business and even wide-reaching third-party connections.
In addition, if you are convicted of what is referred to as a ‘criminal lifestyle offence’, then the Court can make a number of assumptions about the source of your wealth and your family’s, going back at least six years from the date of the investigation. So it’s vital that you benefit from expert advice at the earliest stage.
At Eldwick Law, we provide highly-specialist confiscation solicitors who can draw on a pool of knowledge and resources to ensure that you’re provided with expert representation. For example, we may be able to negotiate a suitable agreement for payment, or challenge the veracity of the prosecution’s statement by instructing expert forensic accountants to rebut the Crown’s assumptions.