Asset Recovery in Private Prosecutions
Produced in partnership with Hannah Lamming of Peters & Peters Solicitors LLP
Asset Recovery in Private Prosecutions

The following Corporate Crime practice note produced in partnership with Hannah Lamming of Peters & Peters Solicitors LLP provides comprehensive and up to date legal information covering:

  • Asset Recovery in Private Prosecutions
  • Restraint orders in private prosecution proceedings
  • When should a private prosecutor apply for a restraint order?
  • Confiscation orders in private prosecution proceedings
  • Can a private prosecutor bring confiscation proceedings?
  • Undertaking financial enquiries in support of confiscation proceedings
  • Compensation orders in private prosecution proceedings

Asset Recovery in Private Prosecutions

This Practice Note discusses the use of restraint orders, confiscation proceedings and compensation orders in the context of private prosecutions.

Restraint orders in private prosecution proceedings

For an overview of the operation and effect of restraint orders generally, see: Restraint orders—overview.

Restraint orders have the effect of freezing property and preserving the assets belonging to a defendant which may be necessary to meet a confiscation order following a successful prosecution and conviction. For further information, see Practice Note: Restraint orders—What is a restraint order?.

Applications for a restraint order are made under the Proceeds of Crime Act 2002 (POCA 2002) in the Crown Court and can be made before any arrest has taken place and/or proceedings have been initiated (commonly known as pre-charge restraint orders) or later in an investigation or prosecution, including, post conviction.

POCA 2002, s 40 sets out five circumstances in which the Crown Court can make a restraint order. For further information, see Practice Note: Restraint orders—Conditions for the grant of a restraint order and Conditions required before a restraint order can be made—checklist.

Once a restraint order has been granted, the private prosecutor can apply to vary or discharge it in the same way as a public prosecutor. See Practice Note: Variation or discharge of a restraint order.

When should a private prosecutor apply for a restraint order?

To obtain a

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