How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

How do I submit an application to vary a restraint order to

Customer Question

How do I submit an application to vary a restraint order to the Crown Court? I am representing myself and the restraint order affects associated property that the (convicted) defendant has a share in. I am the joint owner of this property and wish to release my interest.

The restraint order was obtained by the CPS without a full and frank disclosure to the Judge as I was not mentioned at all within the order (not recognised as a joint owner, partner, co-habitee nor a joint bank account holder). I was also never served with a copy of the order and I have been advised that this was not enforceable.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

How can I help with this ?
Customer: replied 3 years ago.

FOR JOMO1972

 

I want to submit an application to the Crown Court to have the restraint order varied to allow me to sell the property.

 

I also want compensation from the Crown as I was not allowed to vary the order 3 years ago and since have had to maintain and repair the property (that I am unable to live in) without any financial benefit. I was told 3 years ago that I could not vary the order but I have since discovered the order was obtained without full and frank disclosure of my existence to the Judge who signed it.

 

What I mean is, the judge was not informed that I had sold a property with a £39,000 profit to fund the purchase of the property, that I worked legitimately as a teacher with a good income and was not suspected of any crime. In fact, the Judge was not informed that I existed at all. I am not mentioned in the restraint order at all and subsequently was not served with a copy nor have I ever been contacted with any court proceedings regarding the property. I have effectively been ignored completely with regards XXXXX XXXXX prosecution case and the restraint/confiscation proceedings against my former partner.

Expert:  Jo C. replied 3 years ago.
What happened when you tried 3 years ago?
Customer: replied 3 years ago.
FOR JOMO1972I was told that the order could not be varied because investigations were continuing. I received a letter from the CPS acknowledging my share in the property - the person that wrote this had since retired and apparently they now have no records of it. I have a copy. I also received a telephone call from a detective informing me that the order would not be varied as I was under investigation and could be arrested and he told me this would affect my teaching career. I was threatened. I then took no further action in trying to get the order varied. Not because I had broken the law but I was frightened of being arrested.
Expert:  Jo C. replied 3 years ago.
You can make an application for variation or discharge under S42 POCA which you will find here

http://www.legislation.gov.uk/ukpga/2002/29/section/42

Basically you have to share that you have a share in the property that is untainted from the proceeds of crime.

You will also have to explain the delay to the Court.

There's no way around the fact that you knew about proceedings at the time because you decided not to join yourself as a third party.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Customer: replied 3 years ago.
My share is recognised but I am unable to sell. I want to vary it so I can sell immediately and claim compensation for the delay as the variance should have been allowed 3 years ago as the order was unlawful. I was left out of the order because had I been included it would not have been granted.
Expert:  Jo C. replied 3 years ago.
You are not going to be compensated I'm afraid.

You should have brought this application at the time. Thats the reason you have been excluded.
Customer: replied 3 years ago.
But according to the procedures of the CPS and the Attorney General the witness statement provided to the judge when applying for restraint order has to be "full and frank" - it couldn't have been because had it, it would not have been granted. The CPS, at their own admittance, have not followed correct procedure.

Please explain further your statement, "this is why you were excluded"
Expert:  Jo C. replied 3 years ago.
You knew about this and choose not to act at the time.

That was a matter for you.

I'm really sorry but you cannot do nothing for 3 years and then claim compensation from the crown.
Customer: replied 3 years ago.
FOR JOMO1972

I was TOLD there was nothing I could do by the CPS.

Can I now get the order immediately varied to enable a sale of the property and how do I (without legal representation) apply to do this? Compensation is also referred to within the act if the associated property co-owner has been disadvantaged and this can be offered to them at a reduced cost to account for this. Sections 25, 26 and 27 I believe.
Expert:  Jo C. replied 3 years ago.

Ok.
Good luck in court with this then. I'm afraid I've give you my view of this.

I've covered the application you can make above.
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

What else would you like to know about this?
Customer: replied 3 years ago.
How do I submit an application to a crown court to have an order varied to enable immediate sale if representing myself?

How do I make a formal complaint regarding my exclusion and the improper practice of the CPS?

How do I claim back the costs of seeking legal advice should I need to do so?
Expert:  Alice H replied 3 years ago.
Hi

You can make the application under s.42 Proceeds of Crime Act 2002 and must follow the procedure set out in the Criminal Procedure Rules as follows:

(a) The application must be in writing and may be supported by a witness statement.
(b) The application and any witness statement must be lodged with the Crown Court.
(c) The application and any witness statement must be served on the CPS

There is no particular form for making the application. A covering letter will suffice. The Court will then fix a date for the hearing of the application.

You can lodge a complaint about the CPS by following this link: http://www.cps.gov.uk/contact/feedback_and_complaints/complaints_policy.html

There is no procedure for claiming your costs of the application or any compensation.

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Do I just post it to the court? Who do I send it to at the court? Does it have to be the same court that issued the order or any crown court?

Expert:  Alice H replied 3 years ago.
Hi - which Crown Court dealt with the original proceedings?
Customer: replied 3 years ago.
Stafford Crown Court, Judge Eades
Expert:  Alice H replied 3 years ago.
OK.

You need to send the letter & statement for the attention of the Court Manager, Stafford Combined Court Centre, Victoria Square, Stafford ST16 2QQ.

You also need to send a copy of the letter & statement to the Crown Prosecution Service, 2 Parker Court, Stafford ST18 0ZE - Tel: 01785 272200.

Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice