What does a POCA restraint order do?
A restraint order under the Proceeds of Crime Act 2002 can prohibit a person from dealing with specified assets or property generally while a criminal investigation or proceedings are ongoing. The order is designed to preserve assets that may later be relevant to confiscation.
Orders can be made without notice and may include wide asset-disclosure requirements. They must be read carefully: the permitted expenditure, disclosure deadline, affected persons and territorial scope can vary.
Compliance comes first, challenge second.
If an order has been served, do not move assets or make payments on assumption. Preserve records, identify urgent expenses and take advice on whether variation or discharge should be sought.
Immediate issues to assess
Scope of the order
Identify what property is restrained, who is bound, the disclosure obligations and any exceptions for ordinary expenditure.
Asset disclosure
Orders may require detailed information about property, accounts, companies or interests. Accuracy and consistency with the criminal case matter.
Living and business costs
Where the order causes practical hardship, the wording and evidence should be reviewed to determine whether permitted expenditure or variation is available.
Underlying investigation
The restraint case cannot be separated from the alleged criminal conduct, anticipated benefit and likely confiscation issues.
Variation and discharge
A court can be asked to vary or discharge a restraint order where the statutory or procedural basis no longer justifies the order, its terms are too broad, or legitimate expenditure requires adjustment. The correct application depends on the history, evidence and stage of the criminal case.
Third-party and family interests
Property may be jointly owned or claimed by a spouse, family member, company, trustee or other third party. Ownership, beneficial interests, contributions and transaction history should be documented rather than assumed. The procedural route for a third party depends on the type of asset and proceedings.
Restraint and confiscation strategy
Early asset analysis can become critical later in confiscation proceedings. Keep purchase records, mortgage statements, company documents, loan agreements, tax records and evidence of third-party contributions. A clear asset schedule now can prevent avoidable disputes later.
Frequently asked questions
Can a restraint order be made before charge?
Yes, subject to the statutory conditions. Restraint can arise during a criminal investigation before a charge is brought.
Can I sell property subject to a restraint order?
Do not do so without checking the order and obtaining any required consent or court variation. Breach can have serious consequences.
Can I pay legal fees from restrained assets?
The position depends on the order, statutory regime and nature of the expense. Do not assume legal expenses are permitted; the issue needs specific advice.
What should I send you?
Send the sealed restraint order, supporting application or witness evidence if served, disclosure deadline, criminal case details and a schedule of the main assets affected.