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.
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