"unsurpassed amount of experience" - Chambers and Partners, 2010

Criminal Restraint and Confiscation

Restraint and confiscation proceedings are increasingly being used by enforcement agencies in criminal investigations and prosecutions.

Services

We have extensive experience in advising clients and third parties who are affected by such proceedings, often leading to variation or discharge of any prohibiting orders.

Our lawyers specialise in:

  • Acting in pre-charge and post charge restraint proceedings
  • Dealing with post-conviction confiscation proceedings
  • Advising third parties faced with the exercise of compulsory powers under the proceeds of crime legislation
  • Acting  in Magistrates’ Court cash seizure proceedings

Highlight Cases

  • We have achieved the restoration of significant sums of cash which have been seized by authorities with a view to forfeiture.
  • We have represented a number of indiiduals affected by the seizure of safety deposit boxes in the Metropolitan Police's Operation Rize.
  • We have dealt with restaint orders obtained both in connection with domestic investigations and as a result of requests by overseas law enforcement.
  • We have successfully negotiated the removal of the disclosure provisions within a restraint order to avoid the disclosure of information to which an overseas prosecutor was not entitled.
  • We have advised a major international firm of accountants in relation to the exercise of compulsory powers in respect of its former clients.

Key contacts

Alan Bacarese

Special Counsel

Business Crime

+44 (0)20 7822 7780
Neil Swift

Partner

Business Crime

+44 (0)20 7822 7763
David McCluskey

Partner

Business Crime

+44 (0)20 7822 7750