This Practice Note discusses the use of Restraint orders, confiscation proceedings and compensation orders in the context of Private Prosecutions.
For an overview of the operation and effect of restraint orders generally, see: Restraint and confiscation—overview.
Restraint orders have the effect of freezing property and preserving the assets belonging to a defendant which may be necessary to meet a confiscation order following a successful prosecution and conviction. For further information, see Practice Note: Restraint orders—What is a restraint order?
Applications for a restraint order are made under the Proceeds of Crime Act 2002 (POCA 2002) in the Crown Court and can be made before any arrest has taken place and/or proceedings have been initiated (commonly known as pre-charge restraint orders) or later in an investigation or prosecution, including, post conviction.
POCA 2002, s 40 sets out five circumstances in which the Crown Court can make a restraint order. For
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