Restraint Order Lawyers

Individuals facing investigation for offences involving a financial element risk being made the subject of a Restraint Order, restricting access to their bank accounts and other property. These Orders can also apply to family members and business associates of the individual under investigation.

Despite their draconian effect, Restraint Orders are relatively easy to obtain by prosecuting authorities. The Financial Crime Solicitors at Imran Khan and Partners have an excellent reputation for assisting individuals and businesses challenge Restraint Orders.

Free Initial Telephone Discussion

For a free initial telephone discussion, please call James O'Hara on 07739327158 or email jameso@ikpsolicitors.com.

We can help clients wherever you are based across England and Wales.

We are available 24 hours a day, 365 days a year.

 

What is a Restraint Order?

A Restraint Order prohibits an individual from selling, transferring or otherwise disposing of assets they own. These Orders are a tool used by prosecuting authorities to freeze assets which may be the subject of subsequent confiscation or forfeiture proceedings.

 

Failure to comply with the terms of a Restraint Order constitutes a contempt of court, which could result in the imposition of a fine or a custodial sentence.

Who can apply for a Restraint Order?

An application for a Restraint Order can be made to the crown court by the:

  • Police

  • National Crime Agency

  • Serious Fraud Office

  • Crown Prosecution Service

  • HMRC

  • Other law enforcement agency

The threshold for obtaining a Restraint Order is relatively low. In order to apply to a court for a Restraint Order, the prosecutor has to prove that the following circumstances apply:

  • That a criminal investigation has commenced against an individual in England and Wales and

  • There is reasonable cause to believe that the alleged offender has benefited from criminal conduct

The prosecuting authority may apply for a Restraint Order at any time following the commencement of a criminal investigation. The Order can also be sought without notice to the affected individual.

How can our Restraint Order Solicitors help?

Restraint Orders are extensive in their application and can cause financial devastation to the affected individual. An application for a Restraint Order can also be indicative of an individual being investigated for a serious criminal offence. It is therefore essential to secure specialist advice and representation as soon as a Restraint Order has been applied for or made by the court. 

 

The Financial Crime Solicitors at Imran Khan and Partners have a wealth of experience dealing with Restraint Orders. We can assist you by:

  • Advising on the validity of the Restraint Order

  • Challenging the Order by way of application to the court to vary or discharge it

  • Negotiations with the court and the prosecution over living allowance issues

 

In a recent example, our expert Criminal Defence Solicitors were instructed to secure the discharge of a Restraint Order against an individual and a company, on a without notice basis. Following detailed written submissions, the prosecution conceded that the risk of dissipation of assets did not meet the relevant threshold for the Order and the Order was discharged by consent, within a matter of days.

 

Why choose Imran Khan Partners as your Financial Crime Solicitors?

Our Restraint Order Lawyers are recognised as specialists in this field of criminal defence law. James O’Hara and Paul O’Donnell are members of an elite group of UK lawyers who have been ranked by a leading directory of UK lawyers, The Chambers and Partners Guide to the Legal Profession, in the area of ‘PoCA Work and Asset Forfeiture’.

 

For more information on James O’Hara and to read his lawyer profile in Chambers Guide to the Legal Profession 2022 click here.

 

For more information on Paul O’Donnell and to read his lawyer profile in Chambers Guide to the Legal Profession 2022 click here.

 

How do I pay for my legal fees?

 

Please contact us to discuss your circumstances and possible funding options.

 

How to get in contact

 

For a free initial telephone discussion, please call James O'Hara on 07739327158 or email jameso@ikpsolicitors.com.

 

We can help clients wherever you are based across England and Wales.

We are available 24 hours a day, 365 days a year.

We can assist wherever you are based and have offices in central London.

We are also able to assist with police interviews at the police station. If you require urgent assistance, please contact us on our emergency number  07738 802993.

If you contact us on behalf of someone who is already in prison, please simply provide the name of the person, the prison number and any available detail. We will organise a legal visit with that person, whether face to face or by Video link.