If you are made the subject of a restraint order then you will need the assistance of a specialist lawyer to challenge such an order. This effect of the order is that if most if not all your personal and/or business assets are frozen. This of course would put a lot of pressure on an individual whom is already being investigated for an offence.
This area is not often covered by our competitors and we recognise that the effect of a restraint order can be even more stressful than the investigation itself.
We have recognised that prosecutors are increasingly using their powers under the Proceeds of Crime Act to restrain an individual’s assets. This is to firstly preserve the individual’s assets to avoid the discarding of assets and in turn shows an increasing desire by authorities to aggressively pursue those individuals they suspect of financial crime. The restraint order is more commonly sought by prosecutors or authorities through the courts during the course of criminal proceedings or investigations. The ultimate purpose of such an order is to preserve assets for a possible future confiscation order if an individual is to be convicted of an offence where it is suggested that an individual has gained a benefit from general criminal conduct.
Restraint orders are often referred to as ‘freezing orders’ because if a restraint order is placed on you this essentially means that all your assets will be ‘frozen’ preventing you from carrying on your business or trade or even your general day to day affairs. The far reaching consequences of a restraint order prevent you from dealing with any of your assets whether they are within the United Kingdom or abroad.
Harris Solicitors have had many dealings with both professional and lay clients and understand the far reaching effects of a restraint order. Dealing with a restraint order and the variation of the same is extremely important and our professional team understand that time is of the essence. We prioritise clients whom are subject to a restraint order as we fully understand it has some severe consequences and effects on an individual’s ability to carry on with their financial affairs or assets.
It is extremely important to consider firstly if the restraint order is legal, lawfully obtained and if the order is to be challenged or discharged in any way.
We understand the mere frustration of restraint orders and the lengthy investigations by the regulatory bodies. On this front the order is challenged from the outset as Harris Solicitors do not believe that such an order is a necessity and if it can be challenged in any way then this would be a priority for the firm.
Harris Solicitors once establishing if the restraint order has been lawfully obtained consider the variation of such an order. The variation is commonly used when requesting that a person is allowed to continue trading in their business or trade. In addition to this variation it is also important to ensure allowances are made for a person to be in a position to pay for bills and meet reasonable living expenses.
Harris Solicitors accept that a restraint order if properly obtained ensures protection of assets and the preservation of the same for any subsequent confiscation proceedings, however if a person has legitimately earned income then the order should not be used as a tool to restrict a person’s ability to continue with their daily financial duties and life in general.
Our experienced lawyers who have combined experience in dealing with such orders will ensure proper, sound a good advice and will take all the necessary steps in ensuring any such order is properly discharged or varied. Contact a member of our team on 01274 392177 or send us an email to see how we can help.
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