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Business Crime Fraud Farleys Solicitors LLP

Confiscation and Restraint Proceedings

Confiscation and Restraint Proceedings

If you have been accused of a crime or the partner of a defendant and are worried about the potential ramifications of confiscation proceedings, our solicitors have vast experience in advising clients facing confiscation proceedings under the Proceeds of Crime Act 2002 – a complex area of law that requires specialist advice.

If you have been served with a restraint order, either prior to any charge or as part of the proceedings then it is important to get immediate advice.

We understand the stress a confiscation proceeding can cause and the long term consequences that could potentially affect you, your family and your future. Farleys’ expert criminal defence team have all the appropriate resources in place to begin preparing a case for your defence immediately. Call 0333 331 4942 or email us for assistance.

Funding your Case

Farleys Solicitors have a contract with the Legal Aid Agency. Legal Aid for criminal matters is available in many cases, subject to your financial circumstances.

Find out more about how your criminal defence can be funded.

Confiscation Orders

Once a defendant has been convicted of certain scheduled offences, a confiscation order may be put in place in order to ensure the defendant cannot benefit from the financial proceeds of their crimes.

The legislation is complicated and draconian and essentially designed to recover criminal benefit. The ordinary rules of ownership do not apply and the defendant is in danger of being ordered to pay over the whole sum of his assets.

Benefits of Criminal Activity

When determining the amount of benefit a particular individual has received as a result of crime, the court may be entitled to look at lifestyle and make certain assumptions.

If the lifestyle provisions apply then for the previous 6 years, all expenditure and acquisitions during that time may be assumed to form part of the benefit figure, this figure is unlikely to be reflective of the actual criminal ‘benefit’ and will often require the instruction of an accountant to establish the true position.

Available Assets

Once a benefit figure is determined then the onus is on the defendant to provide details of his assets this often involves argument as to ownership and values.

Determination and Enforcement

Once an order is made by the court a date for payment is set and a default period declared. If the order remains unpaid then enforcement proceedings will commence.

Third Parties

The serious crime Act 2015, now allows third parties to be involved in the proceedings, this means that partners of the defendants can now exercise their rights and potentially make claims of their own in the criminal court arena.

At Farleys, we can advise and assist at any of the above stages.

What People Say About Us

Bridgette Hibbert has proved to be an absolute specialist in my case against Trading Standards. Incredibly experienced and superbly efficient. Bridgette believed in me and went way past her call of duty, helping me and my wife get through 3 horrendous years. Bridgette, we will always be indebted to you. Thank you

Mr M , Company Director

2017-11-01T11:51:13+00:00

Mr M , Company Director

Bridgette Hibbert has proved to be an absolute specialist in my case against Trading Standards. Incredibly experienced and superbly efficient. Bridgette believed in me and went way past her call of duty, helping me and my wife get through 3 horrendous years. Bridgette, we will always be indebted to you. Thank you
The ‘tactically astute’ Bridgette Hibbert is praised for her knowledge of all aspects of business crime and regulatory matters; she ‘rapidly identifies the relevant issues in complex cases, easily develops a rapport with clients and has the knack of explaining complicated issues in simple terms’.

Legal 500 Guide 2017

2017-11-01T11:52:03+00:00

Legal 500 Guide 2017

The ‘tactically astute’ Bridgette Hibbert is praised for her knowledge of all aspects of business crime and regulatory matters; she ‘rapidly identifies the relevant issues in complex cases, easily develops a rapport with clients and has the knack of explaining complicated issues in simple terms’.
Laura Walmsley is ‘meticulous – she has a knack for detecting and unpicking flaws in the prosecution case and is the solicitor every defendant would want on their side’.

Legal 500 Guide 2017

2017-11-01T11:50:11+00:00

Legal 500 Guide 2017

Laura Walmsley is ‘meticulous – she has a knack for detecting and unpicking flaws in the prosecution case and is the solicitor every defendant would want on their side’.
“The intrinsic warmth of Paul Schofield’s personality allied to his tremendous expertise.”

 Solicitor Client

2017-08-31T15:58:39+00:00

 Solicitor Client

“The intrinsic warmth of Paul Schofield’s personality allied to his tremendous expertise.”
“I just can’t thank you enough. You have all been so brilliant. I could not have had better support personally and legally, I will never ever forget it” 

Mr G

2017-08-31T15:57:55+00:00

Mr G

“I just can’t thank you enough. You have all been so brilliant. I could not have had better support personally and legally, I will never ever forget it” 
“Five star operator Paul Schofield is accessible, has the human touch and is one of the best solicitors I have ever dealt with “

Chambers & Partners

2017-08-31T15:55:24+00:00

Chambers & Partners

“Five star operator Paul Schofield is accessible, has the human touch and is one of the best solicitors I have ever dealt with “
Paul is "superb and vastly experienced" and "leaves no stone unturned for his clients and is the master of patient strategy"

Legal 500 Guide 2017

2017-10-24T15:01:42+00:00

Legal 500 Guide 2017

Paul is "superb and vastly experienced" and "leaves no stone unturned for his clients and is the master of patient strategy"
“Paul Schofield is absolutely first class, with a very good grasp of client care. Paul’s ability to put the client at ease is second to none. “

Legal 500

2017-08-31T15:54:48+00:00

Legal 500

“Paul Schofield is absolutely first class, with a very good grasp of client care. Paul’s ability to put the client at ease is second to none. “
“Paul is a very able and experienced practitioner who brings a clear, level head to the table “

Legal 500 

2017-08-31T15:56:00+00:00

Legal 500 

“Paul is a very able and experienced practitioner who brings a clear, level head to the table “

Contact Us

If you would like more information about UK confiscation proceedings, have been threatened with a confiscation order or would simply like to speak to an experienced lawyer about any aspect of serious fraud, business crime or post-conviction confiscations, call 0333 331 7126 or email us, and a member of our team will get back to you as soon as possible.

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