Asset Protection - Restraint Orders & Cash Forfeiture

DJMS Solicitors can provide legal advice and representation on all legal issues relating to asset protection, Restraint Orders, and Cash Forfeiture proceedings and negotiations.

What is a Restraint Order?

DJMS can provide legal advice and representation to clients who have been served with Restraint Orders, as to the subsequent legal proceedings.

Restraint Orders enable prosecuting authorities to freeze the assets of an individual, for the purpose of protecting them for potential future confiscation hearings, in the event that an individual is convicted or pleads guilty to an offence. They are usually obtained in cases where an individual is being investigated for fraud, money laundering, or serious drug offences.

Our expert lawyers can advise you as to the validity of the Restraint Order and challenge the making of the Order as well as its terms. Our expert team can also help with any negotiations with the prosecuting authority.

If you are affected by such proceedings, it is necessary to seek immediate specialist legal advice.

What are Cash Forfeiture proceedings?

DJMS Solicitors’ specialist team lawyers have extensive experience dealing with Cash Forfeiture proceedings, providing high-quality, urgent legal advice and expert representation to clients.

The Proceeds of Crime Act 2002 (POCA) empowers the Police to seize cash in excess of £1,000 if they suspect it may be the proceeds of criminal conduct or intended for use in such conduct. Criminal conduct includes a wide range of offences, including the proceeds of drug trafficking to legitimately earned income which has not been declared for tax.

Within 48 hours of seizing cash, the police must apply to the Magistrates’ Court to detain the cash for up to 90 days while they investigate its source. This process may be repeated for up to two years, and at any time, the police can apply to keep the cash permanently.

Cash Forfeiture proceedings are conducted under Civil Law, therefore the police only need to satisfy the Court on the balance of probabilities (more likely than not) that the cash is criminal property. Proving the source of cash can be difficult and requires detailed consideration, making it important to have an experienced expert team on your side.