Proceeds of Crime (POCA) & Confiscation

A restraint order can freeze assets — including bank accounts, property and business interests — while an investigation or prosecution is ongoing, to stop them being moved or spent. It can be applied for very early, sometimes before any charge is brought.

Confiscation follows a conviction. The court assesses the financial benefit you're found to have obtained from the offending, and can order you to pay that amount, sometimes calculated in a way that includes assets not directly connected to the offence itself. Failing to pay a confiscation order can result in a further prison sentence.

This is a specialist area within a specialist field. Afzal Anwar's own verified specialisms include Proceeds of Crime Act and confiscation work, and we approach both restraint and confiscation proceedings with the same rigour as the underlying criminal case — because the two are often just as consequential.

• Advice and representation on restraint order applications
• Applications for living expenses and legal costs during restraint
• Representation at the confiscation hearing following conviction
• Advice on what counts as 'benefit' and the 'available amount' under the Act
• Advice on enforcement and default sentences where an order isn't paid

Because a restraint order can be sought before charges are even brought, the earlier you get advice, the more scope there is to protect legitimate assets and prepare a proper response — rather than reacting once an order is already in place.