Investigation

Should you or your organisation be the subject of an investigation, Lupton Fawcett can provide expert advice and assistance with interviews under caution. By having us as your legal representative you get the benefit of business crime solicitors who understand what is involved in investigations and unlike many firms, are fully conversant with Police Station procedure.

POCA proceedings and hearings

The Proceeds of Crime Act 2002 extended the courts powers to confiscate assets and imposes a burden on the defendant to prove that assets and income are not the result of criminal offending.

Confiscation proceedings may take place if you are convicted of an offence, and the offence is deemed to constitute a ‘criminal lifestyle’ offence under the Act (if you have benefited financially from your offending). If this is determined then the court can look to establish a benefit figure derived from offending over the last six years and then determine your available amount (assets, money etc.) to pay the benefit figure back.

This is a complex process and our expert team at Lupton Fawcett can assist you in negotiating a lower benefit figure and accurate available amount and will instruct expert forensic accountants and counsel where necessary.

It is vital that the amounts in an order are correct as you can be sent to prison if you default on the payments.

Restraint and freezing orders

Restraint orders are issued by the court in order to prevent assets that are believed to have been obtained through criminal conduct from being spent, given away, concealed or transferred. This is to ensure that the assets remain available for the purpose of criminal investigation and potential confiscation proceedings if you are later convicted.

A Restraint Order can applied for by the police or prosecuting authority and can be issued by a Crown Court if there are reasonable grounds for suspecting that there is a genuine risk that assets will be dissipated.

It is vital that you seek advice as soon as you are notified of any such order so that our expert team can assist in ensuring that you have sufficient living expenses and negotiating the terms of any order.

Our experienced team at Lupton Fawcett can also assist you in applying to the court to discharge such an order, if it can be shown that the order is not justified and that there is no real risk of the assets being dissipated

Regulatory and corporate defence solicitors

Our experienced team can help no matter what situation your business is facing. Contact our Leeds, Yorkshire or Sheffield office today to find out more, or use our contact details below.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Get In Touch Today!

Get In Touch Today!

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Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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