Aziz Rahman

This Practice Note covers the appointment of management receivers in restraint proceedings under section 48 (2) of the Proceeds of Crime Act 2002 and the powers they can be given. It deals with the procedure for applying for management receivers and how to vary a management receivership order under the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759. It also deals with how to appeal against a decision to appoint or not to appoint a management receiver under the POCA 2002, s 65.

This Checklist summarises the statutory conditions that must be met before a restraint order can be made under section 41 of the Proceeds of Crime Act 2002 (POCA 2002) including requirements for a criminal investigation to have begun or for proceedings for an offence to be underway before a restraint order can be granted. It covers the basis upon which a restraint order is made pre-conviction ie there being a reasonable cause for either suspicion or belief that the alleged offender has benefited (gained financially) from their criminal conduct, the impact of undue delay in continuing the proceedings on the chances of a restraint order being made and the application by the prosecutor for a restraint order based on an application to reconsider benefit or the available amount under POCA 2002, ss 21 or 22, or under POCA 2002, ss 19 and 20 (when fresh evidence arises during the confiscation stage or there is to be a redetermination), or under POCA 2002, s 27 or 28 (the defendant has absconded).