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Restraint And Confiscation And Civil Asset Recovery

Restraint and Confiscation and Civil Asset Recovery

Reform Chambers have extensive experience in defending in cases involving large-scale confiscation orders, and challenging final orders in the appellate courts.

We can provide advice where assets have been or are the subject of requests from other jurisdictions for freezing or enforcement of confiscation orders, either under mutual legal assistance requests or mutual recognition procedures. We have extensive experience in the civil recovery actions which arise from non-conviction based asset recovery under Part V of the Proceeds of Crime Act 2002.

In restraint proceedings a court is requested to freeze the assets belonging to an individual or business, these orders are usually made without notice to the person concerned which almost invariably  leads to immense problems for businesses. Reform chambers can apply to discharge or vary these orders.  Some of the powers created by the Proceeds of Crime Act 2002 are exercisable on the grounds of reasonable suspicion alone, and are increasingly being employed not only by the Crown Prosecution Service and the Serious Fraud Office but by regulatory and local authority prosecutors and by private prosecutors.

Goods can be seized at airports and the owner must take immediate action to recover the goods to avoid the risk of being permanently deprived of them. This can lead to magistrates’ courts hearings, the team at Reform Chambers are able to assist you with these aspects of confiscation and restraint orders.