Restraint and confiscation

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Restraint orders

Restraint proceedings

Restraint proceedings are an integral part of the confiscation regime under the Proceeds of Crime Act 2002 (POCA 2002). The Crown Court determines applications for restraint orders, which preserve assets that may be required to satisfy a subsequent confiscation order. Practice Note: Restraint proceedings—an introductory guide provides an introduction to restraint proceedings under POCA 2002, Pt 2 and signposts practitioners to more detailed guidance on each aspect of the regime. It explains the purpose of restraint orders, the statutory conditions for obtaining them, the application process and the court's powers to vary or discharge them. The Practice Note also briefly covers living and business expense exceptions, appointment of management receivers, mutual legal assistance concerning to overseas assets, restraint of cryptoassets, and the consequences of breaching a restraint order.

Applications for restraint orders

A restraint order under POCA 2002 prohibits a specified person from dealing with realisable property covered by the order. The court must exercise this power with a view to preserving the value of realisable property for satisfying any confiscation order that has been or may be made against the defendant....

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