If the police or the Crown Prosecution Service suspect that you have benefited financially from a criminal offence, they may apply for a restraint order. This is a type of court order that freezes all of a person's assets (or specified assets) while an investigation takes place into where the assets came from or whether they are intended for use in criminal activity. The purpose of freezing the assets is to prevent anyone from selling, moving, hiding or withdrawing funds and assets before they can be investigated and - if applicable - recovered.

However, these orders can have significant implications for your business, private and family life. With your assets frozen, you may be unable to pay for daily living expenses, operating costs for a business, and legal representation to defend yourself against any criminal allegations. Perhaps the biggest challenge is that a restraint order does not have a statutory time limit associated with it. This means that it can continue to apply for as long as the court believes the investigation is still moving ahead or until confiscation proceedings conclude, and your assets may be frozen for months or years.

Thankfully, it is often possible to have the order varied or discharged with the support of a restraint order solicitor. This might mean the court grants you access to living expenses and other key day-to-day outgoings, or that your full access to your assets is restored. There are also legal processes to have the restraint order removed early in certain circumstances, and a solicitor can advise you on whether it will be possible to discharge the order.

The criminal defence team at JMW has a wealth of experience in offering legal advice and representation to defendants whose assets have been frozen, and those who have not yet had criminal charges brought against them. Here, we explain how long restraint orders typically last, the factors that can affect the duration, and the legal options you may have to challenge the order, have it varied or discharged and restore your access.

What Is a Restraint Order?

A restraint order is a court order made under the Proceeds of Crime Act 2002 (POCA). Its purpose is to freeze the assets of an individual suspected of benefiting from criminal conduct, to prevent them from dissipating or disposing of those assets before an investigation or confiscation proceedings can take place. A restraint order is often obtained by the prosecution at an early stage, sometimes even before a person has been formally charged, provided there are reasonable grounds to believe that the person mentioned in the order will be subject to the investigation and that confiscation proceedings may follow.

Beyond the legal consequences, there can be emotional, financial and practical challenges for the subject of a court order. They are prohibited from dealing with their assets in any way without court permission, and the order can cover a wide range of property, including bank accounts, real estate, vehicles and other valuable assets. The order will not lapse or go away on its own without this being ordered by a judge, but there are thankfully some legal options that a person subject to a restraint order can consider to have the order varied or discharged.

How Long Does a Restraint Order Last?

A restraint order under POCA does not have a fixed statutory time limit. Once granted, it remains in force until it is discharged by the court or until confiscation proceedings have concluded. This can mean that an order stays in place for many months or even years, depending on the complexity of the investigation and subsequent legal proceedings. In practice, the duration is closely tied to the progress of the criminal case.

If the underlying investigation is dropped or the court decides that confiscation is no longer realistic, the order should be lifted, but this does not always happen. The police do not need to apply for an extension to the order, either. Because restraint orders do not have an automatic expiry date, the concept of “extension” does not apply in the way it does to temporary orders with set deadlines. Instead, the order continues by default until the court formally discharges it. The court maintains oversight and the prosecuting authority must periodically justify the order’s continued necessity.

You should not rely on being found not guilty in criminal proceedings or having charges dropped as, in many cases, investigations stall or are subject to delays but the order remains in place. The open-ended nature of restraint orders can be frustrating and place the restrained person in a difficult financial position, as their access to their own assets is heavily restricted for the specified period. Rather than allow this to proceed, you should speak to a solicitor at your earliest opportunity for advice on the legal remedies you may be able to pursue.

What Legal Options Do I Have?

The subject of a restraint order can often apply to the court for the order to be varied and, with the court's approval, may be allowed to access limited funds for ordinary living expenses, reasonable legal costs (for unrelated legal matters) and business operating costs. A solicitor can help to gather sufficient evidence of your financial needs and present your case to the court in the strongest possible terms.

There are several grounds on which you may be able to have the order overturned. You may be able to argue that the order is no longer necessary, that the prosecution has delayed unduly in progressing its case, or that the scope of the order is excessive in relation to the assets concerned.

Because a restraint order must be periodically justified to the court, there are opportunities to challenge this and have it overturned. If the prosecution's reasons for maintaining the order weaken over time - for example, if evidence falls away or if the prospects of a confiscation order diminish - you can ask the court to discharge or limit the order rather than allowing it to run indefinitely.

Another option is to challenge specific terms. For example, the restrained individual might request increased allowances for living costs or business operations, or the release of certain assets that are demonstrably unconnected to criminal conduct. Courts are prepared to hear such applications, particularly if the order is causing undue hardship or if there is evidence that its original scope was too broad.

Do I Need Legal Advice for a Restraint Order?

Your first response when a restraint order is imposed should be to seek legal advice. The most direct way to shorten the duration of a restraint order is to demonstrate to the court that the grounds for keeping the order in place no longer exist. This requires a persuasive case built on careful legal argument and detailed evidence, and working with a solicitor will give you the strongest possible chance of success. The team at JMW has a strong track record of success in assisting clients who are subject to restraint orders to have them discharged or varied.

Beyond this, a restraint order will only be introduced in situations where an investigating authority believes that a criminal offence has taken place. This means that you may face criminal charges and need support to build a defence. JMW's expert criminal defence team represents clients in police interviews and criminal proceedings in the Crown Court, with a focus on restoring access to your assets and delivering the best possible outcome from your case. We will stand by you from the opening of an investigation to the conclusion and can assist you with an appeal or present mitigating factors during sentencing where necessary.