The following Corporate Crime practice note Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings provides comprehensive and up to date legal information covering:
A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is an instrument of statute, provided for in section 40 of the Proceeds of Crime Act 2002 (POCA 2002). It had its equivalent in pre-POCA 2002 legislation (see below: Commencement and pre-POCA provisions).
In summary, this POCA 2002, s 40 (in providing for restraint orders) gives an investigator or prosecutor the pre-emptive right to restrain a person's assets, where that person is under suspicion/investigation in respect of an acquisitive offence, and even before that person has been arrested for the suspected offence.
A restraint order under POCA 2002 has the effect of freezing specified and yet to be identified property in order to preserve the assets considered necessary to meet a confiscation order following prosecution and conviction (see below: Legislative steer under POCA 2002, s 69).
Such an order prohibits any specified person from dealing with the property in question, including specified third parties who hold property in which a suspect or defendant is considered to have an interest. A restraint order affects not just the party against whom it is aimed and any specified third party (named party), but also any third parties who are on notice of it, who are thereby prevented from dealing with any
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.