Everything You Need to Know About a Restraint Order

Posted: 01 March 2026

In England and Wales, a restraint order is a court order used in criminal proceedings to restrict a person’s ability to deal with their assets. Understanding what is a restraint order in practice, and how it operates, is essential if you are under investigation or facing prosecution for a serious offence, as these orders can significantly affect your financial position from an early stage.

This guide explains what a restraint order is, when it is issued, what it covers, and the options available if one is imposed.

What Is a Restraint Order?

Under the Proceeds of Crime Act 2002, a restraint order is an order made by the Crown Court to prevent assets from being sold, transferred, or otherwise disposed of while a criminal case or investigation is ongoing. It is commonly used where prosecutors believe assets may represent the proceeds of crime or may be needed to satisfy a future confiscation order if there is a conviction.

The purpose of the order is preventative rather than punitive. It is designed to preserve assets so they remain available if the court later decides confiscation is appropriate following conviction. This reflects the meaning of the restraint order under UK criminal law.

When Can a Restraint Order Be Made?

A restraint order can be applied for at various stages of a criminal investigation or prosecution. In many cases, the application is made before a trial has concluded, and it may even be sought before charges are formally brought, provided a criminal investigation is underway.

The court considers whether there are reasonable grounds to suspect that a person has benefited from criminal conduct and whether there is a real risk that assets could be dissipated, hidden or transferred if no restrictions are put in place. Applications are usually made by prosecuting authorities, such as the CPS, SFO, HMRC, or the police, to the Crown Court.

What Assets Can Be Covered?

A restraint order can apply to a wide range of assets, including:

• Bank accounts and cash
• Property and land
• Vehicles and high-value items
• Business assets and shares

In some cases, assets held jointly with others may also be affected, which can create complications for family members or business partners who are not involved in the alleged investigation.

Grounds Commonly Associated with Restraint Orders

Restraint orders are most often linked to serious criminal investigations, including allegations involving:

• Fraud and financial crime
• Money laundering
• Drug trafficking
• Tax evasion
• Terrorism-related offences

The seriousness of the alleged conduct and the value of the assets involved will influence how broadly an order is framed and which assets are included.

Can a Restraint Order Be Challenged?

Yes. Although restraint orders are powerful, they are not beyond challenge. Depending on the circumstances, it may be possible to:

• Argue that there is insufficient evidence linking assets to alleged criminal conduct
• Challenge the scope of the order if it is overly broad or disproportionate
• Show that certain assets were obtained legitimately and should be excluded

Each case turns on its facts, and challenges are usually technical and evidence-based, often requiring detailed financial and legal analysis.

Applying for Variations or Discharge

Even where a restraint order remains in place, it may be possible to apply for variations. This can include permission to use frozen funds for:

• Ordinary living expenses
• Legal costs
• Business or employment-related outgoings

If circumstances change significantly, or the legal basis for the order no longer exists, an application may also be made to discharge the order entirely. The court will consider up-to-date evidence when deciding whether to vary or lift the order.

The Importance of Complying with a Restraint Order

It is crucial to comply strictly with the terms of any restraint order while challenges or variation applications are ongoing. Breaching an order can amount to a separate criminal offence and may seriously undermine any arguments made to the court about proportionality or the future of the order.

Restraint Order Key Points

A restraint order is a serious legal measure under the Proceeds of Crime Act 2002 that can restrict access to assets at an early stage of criminal proceedings in England and Wales. Understanding what a restraint order means, the scope of the order, and the available legal options is essential. Early specialist advice can help protect your position, ensure legitimate expenses are covered where possible, and reduce the risk of further legal repercussions.

Speak to Our Criminal Law Team Today

Our criminal law team advises individuals facing restraint orders and other issues arising from criminal investigations and proceeds of crime proceedings in England and Wales. We provide clear, practical guidance tailored to your situation, including advice on challenges, applications to vary or discharge, and ongoing compliance with court orders.

If you need advice on a restraint order or related criminal law matters, speak to our criminal solicitors for clear, practical legal guidance on your options and next steps.

Author: Shade Abiodun, Partner of Criminal Law and Professional Misconduct Department

Shade Abiodun joined THB Solicitors in April 2016 and is a Partner in the Crime & Professional Misconduct team. She qualified as a Solicitor in 2007 and has extensive experience representing clients at the Police Station, Magistrates’ Court and Crown Court in a wide range of criminal matters. Shade is known for her strong advocacy skills and dedicated, client-focused approach.