Asset Restraint and POCA

Our London based team of solicitors is recommended in the Times Best Law Firms, Chambers & Partners, Legal 500 and Spear’s 500 directories for its expertise in defending cases brought under the Proceeds of Crime Act 2002. 

This is a specialist practice area.  Our team of solicitors has been involved in some of the leading cases over the years.

The Proceeds of Crime Act 2002 gives powers to confiscate assets after criminal conviction (and sometimes later through section 22 applications to vary a confiscation order), to retrain cash, bank accounts and listed assets and for the forfeiture of property. Many of the powers exercisable under the Act are heard according to the civil standard of proof and rules of evidence. Our solicitors are experts in this field.

A frozen bank account may be the result of the making of a Suspicious Activity Report. We can advise on this process and how to take action against banks where necessary.

Our solicitors specialise in the following practice areas:

Account Freezing Orders and Restraint Orders

The powers of the criminal courts to freeze assets has recently been extended in the Criminal Finances Act 2017. Such powers have been available to the Crown Court (read more)

Frozen bank accounts

The Proceeds of Crime Act 2002 places positive obligations on the regulated sector to disclose the existence of suspicious transactions to the National Crime Agency (NCA). Such activity is disclosed via Suspicious Activity Reports (SARs) (read more)

Cash detention, listed asset and account forfeiture orders

The Proceeds of Crime Act 2002 (’POCA’) introduced provisions whereby cash can be seized by the police if it is suspected to be the proceeds of criminal activity, or intended by any person for use in unlawful conduct. Those provisions have now been extended to include ‘listed assets’ and the contents of bank accounts (read more)

Civil asset recovery investigations and proceedings

Part 5 of the Proceeds of Crime Act 2002 introduced provisions for the civil recovery of assets said to have been acquired through unlawful conduct (read more)

Freezing Injunctions

A freezing injunction is a court order which prevents a party from disposing of or otherwise dealing with its assets.  This is a useful tool to seek to protect assets if a party fears that another party may dispose of assets before or during court proceedings (read more)

Confiscation proceedings

Confiscation proceedings follow conviction for offences where it is alleged that there has been a financial benefit from the offending (read more)

Section 22 Confiscation Applications

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue (read more)

Money Laundering

Money laundering legislation and regulation is becoming ever more complex and onerous.  There have been significant developments in this area of law (read more)

Recent examples of our solicitors work in this area:

CPS v W [2026] – negotiated settlement on section 22 application

Metropolitan Police v O [2026] – negotiated discharge of Account Forfeiture Order

NCA v GLGW LLC [2025] – settlement of the largest Account Forfeiture Order application ever made

FACT v H [2025] – successful defence of application under section 22 POCA 2002

MHRA v W [2025] – settlement of Account Forfeiture Order application.

R v C [2025] – successful application for reconsideration of confiscation order under section 23 POCA 2002.

R v H [2025] – successful negotiation of confiscation order following cryptocurrency fraud conviction.

CPS v B [2025] – successful negotiation to vary Restraint Order.

NATIS v F [2024] – successfully persuaded NATIS to discharge Account Freezing Orders obtained in connection with ‘bounce back’ loans

Kent Police v T [2024] – negotiated discharge of Account Freezing Order where there had been breach of section 308 POCA 2002