In what circumstances can a restraint order be made?
A restraint order can only be made where the prosecutor has established that there is reasonable cause to believe that the person concerned has benefited from crime and, unless the order is made, will dissipate their assets. In cases that predate the Proceeds of Crime Act 2002, orders can only be made if criminal proceedings against a defendant have started or are imminent. Under the Proceeds of Crime Act 2002, restraint orders can be made if a criminal investigation has started.
