A restraint order is a court order made under the Proceeds of Crime Act 2002 (POCA). It allows prosecuting authorities to freeze a person’s assets at the start of a criminal investigation or during criminal proceedings. If you're subject to a restraint order, you cannot deal with or dispose of your assets, including money held in bank accounts, shares and property. The aim is to prevent the movement or dissipation of assets that might later be confiscated if there is a conviction.

These orders are powerful and often imposed without notice (ex parte) to the individual that they will impact. You may not have been charged with a criminal offence, yet still find yourself unable to access your own money or conduct normal business activities. The order can have a sudden and severe impact, particularly for individuals in business who rely on working capital and financial autonomy.

Here, thespecialist restraint order solicitors at JMW explain how long a restraint order can last, what can affect its duration and what steps you can take to challenge it.

When can restraint orders be made?

Restraint orders are issued by the Crown Court and are typically used in cases involving suspected financial or economic crime. The Crown Prosecution Service (CPS), the Serious Fraud Office or other bodies with the power to investigate and prosecute economic crime, such as His Majesty’s Revenue and Customs, can apply for a Restraint Order at various stages of a criminal case, including:

• Before charge - during the investigation stage, often without notice to the subject.
• Post-charge - once criminal proceedings have formally begun.
• Post-conviction - to preserve assets ahead of confiscation proceedings under POCA.

These restrictions can apply to both personal and business assets and, in some cases, may extend to jointly held property or accounts. Those individuals with joint ownership of restrained assets will also be unable to deal with them and will be informed accordingly and provided with a copy of the restraint order. If you are a third party with interests in the assets frozen, we can also assist.

How long does a restraint order last?

There is no fixed duration for a restraint order. It remains in force until it is discharged by the court.

In most cases, a restraint order will continue until:

• The end of the criminal proceedings (e.g. a trial, acquittal or conviction).
• The prosecution confirms the case is not being pursued (e.g. no charge or the investigation is closed).
• A successful application is made to discharge or vary the order.

This can mean that the order could stay in place for many years - particularly if the investigation is complex or delayed. The court does not set an automatic expiry date, and unless you or your legal representative challenge the order, it will continue to operate in full effect.  Although it is important to check the progress of any criminal investigation.

The longer the proceedings go on, the greater the impact the order can have on your ability to work, run a business or meet everyday financial obligations.

What if your business partner is subject to a restraint order?

If your business partner is the subject of a restraint order, it may still affect you - even if you have not been accused of any wrongdoing.

Assets held jointly, such as business bank accounts or co-owned property, can be frozen. Those who jointly hold the property will also be unable to deal with it.  That can disrupt operations, prevent payments and damage commercial relationships. In some cases, the restraint order might apply to the company itself, depending on its structure and how the finances are managed.

The court does not have to prove criminality to make the order; in amongst other matters, it needs to be satisfied that there is reasonable grounds to suspect the subject has benefited from criminal conduct. If you are financially entangled, the effect of the order may reach you too.

This is why it’s vital to seek specialist legal advice immediately - not only to protect your own position, but to help the business continue operating lawfully and efficiently.

What factors can prolong a restraint order?

Restraint orders last as long as the case requires, but certain features of an investigation or prosecution can cause them to stay in place for the long term.

Investigations involving large volumes of digital evidence, offshore accounts or corporate structures can take months to unravel. If the prosecution alleges a broad pattern of offending or multiple individuals are under suspicion, progress may be slow. In those circumstances, restraint orders can remain active while investigators continue to examine financial records and trace the movement of assets.

Even once a charge has been brought, procedural delays such as contested disclosure, parallel regulatory action or issues with admissibility of evidence can stall a case. A restraint order will not expire while those matters remain unresolved.

In some cases, restraint orders are deliberately maintained to preserve the prospect of future confiscation proceedings. If the prosecution believes the defendant has benefited substantially from criminal conduct, it may resist any attempt to discharge the order until the outcome of a trial is known.  This is to remove the risk of the dissipation of assets prior to the confiscation proceedings taking place.

Can a restraint order be removed?

Doing so requires a formal application to the Crown Court, supported by detailed evidence and legal submissions. The court will only consider lifting or varying a restraint order if it is satisfied that the order is no longer necessary, or that its terms are disproportionate to the circumstances.

You may be able to:

• Vary the order - to access funds for reasonable living costs, pay business expenses or other financial matters.
• Discharge the order entirely - if the investigation has concluded, no charges have been brought, the order has been made on the wrong information or the underlying evidence no longer supports the restrictions.

The court will assess the application on the balance of probabilities, but that does not make the process straightforward. You will need to show more than inconvenience - the court expects a structured application backed by financial disclosure, factual context and legal argument.

This is a technical area of law, and the consequences of an unsuccessful application can be serious. Experienced legal representation is essential to build a persuasive case and protect your position throughout.

How long does it take to discharge a restraint order?

There’s no fixed timescale for discharging a restraint order. If there’s an urgent need to access funds - for example, to cover essential living or business expenses - it may be possible to request an expedited hearing. In non-urgent cases, it can take several weeks or even months for the court to hear and decide the application, depending on factors such as:

• The court’s current listing availability
• How complex the issues are
• Whether the prosecution contests the application

Before deciding whether to discharge a restraint order, the court will need full financial disclosure and a clear explanation of the reasons behind the application. If the material isn’t complete or raises further questions, the hearing may be further delayed or adjourned.

How JMW can help

The team at JMW regularly act for clients who are subject to restraint orders. We advise individuals and businesses whose assets have been frozen during the course of a criminal investigation or prosecution, helping them manage immediate disruption and plan for what comes next.

We support clients by:

• Challenging the order where appropriate: if there is insufficient legal basis for the restraint order or if the restrictions imposed are clearly excessive, we can apply to have the order varied or discharged.
• Applying for access to essential funds: if your assets have been frozen, we can help you seek permission to use specified amounts for living costs or business overheads.
• Responding to confiscation proceedings: where a restraint order is followed by an application to confiscate assets, we provide a full defence strategy aimed at reducing the financial and reputational consequences.
• Protecting the interests of others affected: restraint orders often have consequences for spouses, family members or business partners. We advise third parties whose financial interests are caught up in the order.

A restraint order can remain in force for as long as the investigation or prosecution continues. The uncertainty, restrictions and risk to your finances can be hard to manage without legal support. If you are facing a restraint order or think one may be imminent, we are here to advise you on your position and the options available.