Areas of Expertise
POCA, Confiscation & Restraint Orders
Protecting your assets. Challenging the case. Acting immediately. POCA proceedings are often as serious as the underlying criminal case.
Why timing decides outcome
Specialist Defence in POCA Proceedings
POCA is used by prosecutors to investigate, restrain and recover the alleged proceeds of crime. It operates alongside criminal proceedings but requires its own focused defence.
Confiscation orders following conviction can result in significant financial orders based on what the prosecution alleges you have gained. In many cases, those figures are based on assumptions that must be carefully examined and challenged. Restraint orders can freeze assets at an early stage of an investigation, often without prior notice — disrupting personal and business finances immediately.
Early intervention is critical. The sooner the defence engages with the financial material, the greater the scope to influence the outcome.
Our services
Our POCA Legal Services
We act in all proceedings arising under the Proceeds of Crime Act 2002 — from restraint at the investigation stage through to enforcement and appeal.
- Confiscation proceedings following conviction
- Criminal lifestyle assumptions — testing and rebuttal
- Restraint orders — application to vary or discharge
- Cash seizure and forfeiture proceedings
- Enforcement, default sentences and certificates of inadequacy
- Challenges to the prosecution’s calculation of benefit
- Available amount and hidden assets disputes
- Living expenses, business continuity and legal funding within restraint
- Civil recovery proceedings — assets pursued without conviction
- Appeals against confiscation orders and related decisions
Why Chess Law
Why Chess Law Solicitors for POCA Defence
Detailed analysis of financial material
Early engagement — better outcomes
Continuity from preparation to advocacy
Specialist financial experts
Nationwide and complex case experience
FAQs
Frequently Asked Questions
What is a confiscation order?
A confiscation order is made after conviction and requires payment of the benefit said to have been obtained from criminal conduct. The amount is assessed by the court and can be challenged.
What is a restraint order?
A restraint order freezes assets during an investigation or prosecution to prevent them being dissipated. It can be made without notice and can affect bank accounts, property and business operations.
Can I challenge a restraint order?
Yes. Restraint orders can be varied or discharged. We apply to the court where the legal grounds exist, including where the order is too broad or unnecessary.
What is cash seizure and forfeiture?
Cash seizure allows authorities to detain money suspected of being linked to criminal activity. Forfeiture proceedings determine whether that money is retained permanently.
Can assets be recovered without a criminal conviction?
Yes. Civil recovery proceedings allow the state to pursue assets alleged to be the proceeds of crime without a criminal conviction. These cases require careful defence.
What happens if I cannot pay a confiscation order?
If a confiscation order is not paid, the court may impose a default sentence of imprisonment. This does not extinguish the debt. We advise on options to address the position.
Do I need a specialist solicitor for POCA matters?
Yes. POCA proceedings involve complex financial and legal issues. Specialist representation is essential to protect your position.
Speak to us now.
If you are subject to a POCA investigation, restraint order or confiscation proceedings, early advice is critical. You will receive a clear assessment and a structured plan to protect your assets.
