Restraint orders
Produced in partnership with Nicholas Yeo and Ciju Puthuppally of Three Raymond Buildings
Restraint orders

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:

  • Restraint orders
  • What is a restraint order?
  • Commencement and pre-POCA provisions
  • Legislative steer under POCA 2002, s 69
  • Conditions for the grant of a restraint order
  • A criminal investigation
  • Undue delay
  • Reasonable grounds to suspect
  • Reasonable cause to believe
  • Benefit from criminal conduct
  • More...

What is a restraint order?

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

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