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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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I am under a consfiscation order but there is no restraint

Customer Question

I am under a consfiscation order but there is no restraint order on me what does this mean

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I need to know what it means if no restraint order was against me. I know if there were a restraint order against me all my assets were frozen, The crown court did not as in there paperwork issue me with a restraint order.

So does this mean as they didn't freeze any of my assets I could use some off them to pay people back that helped me out whilst I was incacerated

Expert:  Jo C. replied 2 years ago.
Has there been a POCA hearing at all?
Customer: replied 2 years ago.

yes there has

Expert:  Jo C. replied 2 years ago.
What was the direction?
Customer: replied 2 years ago.

I was ordered to pay 142k ive paid 65k . now im doing a section 23 as I have no more money> I haven't spent it I can prove this, the barrister is goin for a section23 of 66k so I got to pay 1k if it works out, all I want to know is why I didn't get a restraint order on me. with no restraint order does this mean I can spend the money anyway.

Expert:  Jo C. replied 2 years ago.
A restraint order just refers to a seizing of a person's assets so that they cannot dissipate them before the POCA hearing is concluded. The fact that they didn't place you under a restraint doesn't mean you are free to dispose of assets.
It is amazing though that these assets weren't subject to a confiscation order. I dont know whether they accept they weren't the proceeds of crime.
Generally speaking if you owe money upon an order then you are required to liquidise assets to pay it. If so, it is not likely to be set aside in a S23.
If the matter is resolved in that way though then you can do as you wish with your money.
Can I clarify anything for you?