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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

Location 

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 enquiries@elliotmather.co.uk 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

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Simon Walton

Solicitor

Simon joined Elliot Mather as a Solicitor in our criminal department in April 2021 and is predominantly based at our Mansfield office.

He has over 30 years’ experience as a qualified solicitor, and is recognised as a Grade A Supervising Solicitor for Financial Crime by the Legal Aid Agency (LAA) for Very High Cost Cases (VHCC).

He predominately works on a number of high profile and complex criminal cases, but has experience representing individuals across a range of criminal and regulatory matters, including:-  

  • Fraud and Money Laundering.
  • Confiscation Cases.
  • Serious crimes, including murder and manslaughter.
  • Motoring Matters
  • Professional Disciplinary Matters

Simon appreciates that coming into conflict with the criminal justice system is a distressing time for anyone as well as those closest to them. It is because of this that he endeavours to provide expert and friendly advice at all stages of a client’s matter.

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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

VAT Number: 126 3019 03

Regulatory Notice: Elliot Mather LLP is a limited liability partnership. Partnership number OC321320.

Authorised and regulated by The Solicitors' Regulation Authority. To view code of conduct visit www.sra.org.uk/code-of-conduct.page

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