Restraint & Confiscation
Restraint & Confiscation Solicitor Birmingham
The Proceeds of Crime Act 2002 gives the authorities wide powers to freeze assets before charge and to confiscate property following conviction. Restraint orders can be made within hours. David Roy challenges restraint orders and confiscation proceedings in Birmingham and nationally.
Restraint orders
A restraint order under section 41 of POCA freezes assets to prevent dissipation pending a confiscation order. It can be made before any charge is brought, without notice to the person affected. David makes urgent applications to vary or discharge restraint orders, including to release funds for legal fees and living expenses.
Confiscation proceedings
Following a conviction, the prosecution may apply for a confiscation order requiring the defendant to pay an amount representing the benefit from criminal conduct. David challenges the prosecution’s assessment of benefit, disputes hidden asset allegations, and argues that the available amount is less than the assessed benefit.
Third party interests
Where a restraint or confiscation order affects assets in which a third party has an interest, David advises third parties on applications to protect their position.
Frequently asked questions
Common questions
Facing a charge in Birmingham? Call David Roy.
Free police station advice available. Call 07525 802931 for a confidential, no-obligation discussion.
Call 07525 802931