What is a restraint order?
A restraint order is a court injunction made under POCA 2002, s.41 that prevents a person from dealing with their property. It is granted by the Crown Court (or High Court) on application by a prosecuting authority where a criminal investigation has begun and there is reasonable cause to believe recoverable property exists. Crucially, restraint can be imposed before any charge.
Because the order is made without notice to the respondent, the first a person often knows of it is when their bank accounts are frozen or their property becomes impossible to deal with. Acting immediately — to understand the scope of the order and to seek variation — is critical to protecting both assets and the ability to live and defend the case.
The impact of a restraint order
- Bank accounts can be frozen, including joint accounts
- Property cannot be sold, mortgaged, or transferred
- Business assets and company accounts may be caught
- Funds for legal fees and everyday living can be inaccessible without court release
- Breach of the order is a contempt of court — punishable by imprisonment
How we help
- Urgent advice immediately upon notice of an order or investigation
- Applications to vary the order to release funds for reasonable living expenses
- Applications to release funds for legal costs (subject to statutory limits)
- Challenging the basis for the order and the scope of restrained assets
- Advising on third-party interests in jointly-held or company property
- Representation at the underlying criminal proceedings
Releasing funds for living expenses and legal costs
A restraint order does not automatically leave a person without money to live or to instruct lawyers. The court can vary the order to release reasonable living expenses and, in some circumstances, funds for legal costs. There are statutory limits — including a cap on legal expenses in certain cases — and the court requires detailed evidence of need.
We work with you (and your accountant where appropriate) to prepare a clear, evidenced budget and to seek the release of funds that are legitimately required. Applications to vary are time-sensitive and are best made promptly, before funds are dissipated or positions harden.
Act early
The sooner we are instructed, the more effectively we can protect your position. Applications to vary or discharge a restraint order are time-sensitive, and the court requires detailed evidence of your financial needs. We work with you and your accountant to present a clear picture and seek the release of funds legitimately required.
Where the underlying investigation does not result in charge, or results in acquittal, we pursue discharge of the order and the return of restrained property without delay. Where third parties — a spouse, a business partner, a co-owner — have an interest in the restrained property, we advise them and protect their interests separately.
Frequently asked questions
Yes. An order can be made as soon as a criminal investigation has begun, provided the court is satisfied there is reasonable cause to believe recoverable property exists. This means your assets can be frozen at a very early stage — legal advice at this point is critical.
In some circumstances, yes. The court can vary a restraint order to release funds for reasonable legal expenses, but there are statutory restrictions — including a cap on legal expenses in certain cases. We make tailored applications supported by evidence of need.
Third parties with an interest in restrained property can make representations to the court. We advise spouses, business partners, and others whose interests are affected, and seek to protect legitimate third-party ownership.
The court can vary a restraint order to release reasonable living expenses on application, supported by a clear evidenced budget. We work with you (and your accountant where appropriate) to prepare a budget and seek release of the funds legitimately required. Applications are time-sensitive and best made promptly.
Where the investigation does not result in charge, or results in acquittal, we pursue discharge of the order and the return of restrained property without delay. Until discharge the order remains in force, so acting promptly to discharge it is important once the underlying proceedings conclude.