Restraint Orders
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Restraint Orders

Restraint Orders are utilised to freeze assets to preserve such assets for any future Confiscation Proceedings as part of the Criminal Process. Allowances may be made from an individuals assets to enable living and legal expenses to be met and such can be the subject of application to the Court.

Confiscation Orders follow convictions in cases where the Prosecution assert that benefit has been derived from the proceeds of crime. The Court will be required to make an assessment of the "benefit derived". It is important to understand that this may include the full value of assets alleged to have been obtained either wholly or partly from the proceeds of crime.

The Court will then make an Order based on the "benefit" figure unless it can be demonstrated by defendants that their "realisable assets" are lower in value than the benefit figure. A period of imprisonment will be ordered to be served in default of payment which term would be served additionally to any other sentence of imprisonment imposed in the proceedings.

This firm is repeatedly asked to assist clients who have already, at some time, during the course of an investigation or Court proceedings instructed Solicitors.  We are used to dealing with such enquiries and advising as to the transfer of a case from previous Solicitors to this practice.  It is important to those the subject of an investigation or prosecution, that they are confident in the Solicitors that they instruct and that they consider those that act for them are doing everything they possibly can to assist.

We offer free initial legal advice, either over the phone, via e-mail or face to face if required. Please contact us using the Contact Us link or by asking our solicitors a question using the simple form above. Our initial advice is free.  You can also contact us via e-mail, text message or by telephoning us on 0800 988 5124.

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Maidments Solicitors Ltd are Criminal Solicitors of England and Wales and are regulated by the Law Society. The Law Society rules are available at www.guide.lawsociety.org.uk.

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