Criminal Restraint & Confiscation
Restraint and confiscation proceedings are increasingly being used by enforcement agencies in criminal investigations and prosecutions. They can have a devastating effect on individuals and their families and Peters & Peters can help reduce their impact or quash them entirely. We are ranked Band 2 for POCA Work & Asset Forfeiture by Chambers UK 2017.ContactLeading Cases
A restraint order can be made against a suspect or defendant in criminal proceedings to freeze assets worldwide where the authorities believe they may be liable to confiscation following a trial. Confiscation proceedings are brought following a conviction and enable the authorities to deprive the defendant of the financial benefit of his crime. In some circumstances, Restraint & Confiscation orders can also be made against third parties.
We have extensive experience in advising clients and third parties affected by such proceedings, often leading to variation or discharge of any prohibiting orders. We have successfully challenged a number of restraint orders made at the request of overseas authorities.
The Proceeds of Crime Act 2002 enables the police or customs to seize cash of more than £1,000 if they believe that the cash is the proceeds of crime or intended for use in unlawful conduct. Peters & Peters can help challenge cash seizures and/or consequent forfeiture proceedings, often resulting in money being returned and the recovery of costs.
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 proceeds of crime legislation
- Acting in Magistrates’ Court cash seizure proceedings
- Cash Seizure & Forfeiture