Restraint Orders are often made at a Crown Court without notice (ex-parte) to the persons impacted. Once the restraint order has been made at Court, a copy of the order and supporting evidence must be served upon you as soon as possible by the prosecution.
If a restraint Order has been made against you, contact Wilkstone Law immediately. Our expert restraint order solicitors will advise you urgently on next steps and will obtain a copy of the restraint order and any prosecution evidence used to support the application when it was made at the Crown Court. The supporting statement served by a financial investigator to support the application for a Restraint Order will also provide a unique opportunity for our specialist solicitor’s to consider the extent of the prosecution evidence and the nature of the case against you.
We will consider and advise you whether there are grounds to make an application to discharge the restraint order or negotiate what might be onerous terms of the restraint order. This would involve negotiations with the prosecution and/or a hearing in the Crown Court. Wilkstone Law’s specialist Solicitors have years of experience in defending clients when a restraint order has been made against them and where a the terms of any Restraint Order are impacting a client’s day to day life.
Restraint Orders are made under the Proceeds of Crime Act 2002 (POCA 2002) by a Crown Court judge on application from an entity investigating a financial crime. Restraint Orders are regularly made by the Police, HMRC, trading standards departments of local councils, the Serious Fraud Office, NHS Counter Fraud team and the Crown Prosecution Service. In fact, any official agency investigating an alleged offender for a financial crime can apply for a Restraint Order before any criminal charges are brought.
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When a Restraint Order is made, it can paralyse the finances of an individual or a Company. For example, day-to-day living expenses may be impossible to pay because of the strict terms of a restraining order. Our expert restraint order solicitors will advise you and help negotiate amending the terms of a restraint order allowing you to pay your usual living expenses. This may involve Wilkstone Law producing a bundle of evidence and documents to support your application to amend or discharge a restraint order. It may also involve direct negotiations with the prosecution and our specialist restraint order solicitors appearing in Crown Court to argue your case.
When making a restraint order a Crown Court judge must have ‘reasonable grounds to suspect that an alleged offender has benefited from a financial crime. The purpose of a Restraint Order is to prevent an individual, corporate body or company from dissipating or disposing of asset whilst a criminal investigation or prosecution is ongoing. A Restraint Order (once imposed) is designed to ensure that assets derived from financial crime are available for confiscation upon conviction at the end of a criminal case, a Restraint Order is not supposed to be punitive but rather prevent assets from being sold, transferred or disposed of.
The terms of a restraint order can be complicated and complex purporting to restrain assets such as cash, bank accounts, shareholdings and high value items)Cars or watches) and preventing the sale or transfer of any Property. Restraint Orders can also be made against third parties such as a wife or business partner who are not under criminal investigation all of whom have the legal right to challenge the terms of a Restraint Order and/or the making of the order itself.
It is very important that you understand the terms of any restraint order. If you are found to have breached any term or prohibition within the Order this will amount to a contempt of court. The Crown Court will consider a term of imprisonment in default. If you are served with a restraint order, you must take advice from a specialist solicitor as soon as possible to ensure that you do not inadvertently breach any terms or prohibitions.
We have advised, represented and assisted clients made the subject of Restraint Orders in the following situations:
Our solicitors at Wilkstone Law are well equipped and specialised in advising upon and defending Restraint Orders made in the Crown Court. We can help you make an application to discharge or vary a restraining order using our years of experience in advising upon Restraint Orders.
The earlier that our expert restraint order solicitors are involved in your case, the more value we will add in challenging a Restraint Order and ensuring that your life is impacted as little as possible despite the start of a criminal investigation.
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If you have been arrested, you should not answer police questions until you have received expert legal advice from criminal defence solicitors.
You should only confirm your name and basic personal details before requesting legal representation. You are entitled to free legal advice whilst in police custody, and early representation at the police station can significantly affect the outcome of a criminal investigation.
Wilkstone Law provide immediate police station representation and expert legal advice for clients accused of criminal offences throughout Cardiff and across England and Wales.
If you have been released on police bail or released under investigation, it is important to seek expert legal advice as soon as possible.
Our criminal defence solicitors can review the evidence, advise you in relation to the investigation and consider whether pre-charge engagement with the police may be appropriate. In some criminal cases, early representations can result in allegations being dropped or no further action being taken.
We can also advise upon:
Early strategic advice can strengthen your defence and improve the outcome of your case.
Wilkstone Law can provide independent expert legal advice and a second opinion regarding your criminal defence matter.
Our solicitors can obtain the police disclosure and paperwork from the Duty Solicitor, review the evidence and advise whether the legal advice previously provided was appropriate in the circumstances.
We regularly assist clients who require ongoing representation following release from police custody and can take over conduct of the case where appropriate.
Call us as soon as possible – we will agree a fixed fee consultation to discuss and advise upon your case. At this meeting, we will advise you upon what happens next and will apply for copies of the police statements and evidence before your first court appearance.
We will carefully consider the evidence and advise you upon the strength of the police evidence and upon any defence that you may have to the charges you face. There may be urgent steps that we advise you to take to strengthen your defence before you appear in court.
The first appearance in any court case is at the Magistrates Court – we can appear in court on your behalf to represent you.
If you have been charged with a criminal offence and required to attend court, you should seek legal advice immediately.
Our criminal defence solicitors in Cardiff can advise you upon:
The first hearing in a criminal case will usually take place before the Magistrates’ Court. Early preparation and expert representation can make a significant difference to the progression and outcome of proceedings.
Yes. The first call to Wilkstone Law is free.
During the initial call, we can provide general guidance regarding next steps and arrange a fixed fee consultation to discuss your case in greater detail. However, we cannot provide case-specific legal advice until formally instructed.
Consultations can usually be arranged at short notice either in person, by telephone, or via video conference.
Our fixed fee consultations start from £500 plus VAT.
Following the initial consultation, we are often able to provide a fixed fee quotation for representation throughout the lifetime of your criminal case.
Legal fees will depend upon several factors including:
Wilkstone Law also advise clients in relation to legal aid and Legal Aid Agency funding where available.
Wilkstone Law are accredited by the Solicitors Regulation Authority.
Our Managing Director, Jon Wilkins, is recognised as a Grade A Solicitor by the Legal Aid Agency and is a recommended lawyer in The Legal 500.
Our criminal defence solicitors are highly regarded for providing expert legal advice and representation in serious and complex criminal cases.