What to do if you have been served with a restraint, production or freezing order

If you have received a freezing, restraint, or production order, you need to understand what it means and what steps you should take. Ignoring it, or breaching it could lead to a fine or even imprisonment. We can guide you through the legal process, and help you challenge it if possible.

Freezing orders

What is a freezing order?

A freezing order is an order from the Court that prevents you from accessing or moving your assets while legal proceedings are ongoing.

The order restricts your access to your bank accounts, properties, cars, business assets, and shares, whether in the UK or worldwide.

Why have I received a freezing order?

You have received a freezing order because the Court believes there is a risk you may hide or move your assets before the end of the court proceedings, to avoid paying what you owe.

For example, if you are going through a divorce or separation, you may have been served with a freezing order to stop you from hiding assets that your partner has a right to claim.

What should I do if I have received a freezing order?

If you have received a freezing order, you must do what it says. If you don’t, then you’ll be held in ‘contempt of court’, and you could be fined or even sent to prison.

The first thing you need to do is give information about your assets to the authority. You must give an honest and accurate list of your assets such as bank accounts, your house, your car and anything else of value. You only have a short amount of time to do this.

A solicitor can help you prepare the information and make sure that you have included everything you’re supposed to, within the short timeframe.

How long will my assets be frozen?

Your assets will be frozen until the Court reaches a further decision. This could be weeks or month. While your assets are frozen, you will only be able to withdraw a small amount of money from your bank account for your daily expenses and legal costs.

Can I defend a freezing order?

There may be grounds on which you can challenge a freezing order.  You have to prove to the court that there is no risk of you moving your assets, or that there is no good case against you.

If the freezing order is set aside, you will regain access to your assets and you may receive compensation for any damages caused by the order.

You can also ask for the order to be varied, to allow you access to more money every month. Perhaps you need to pay off a debt, or you need more for your legal expenses.

A solicitor can guide you on the options available in your circumstances, and can apply to court to vary or discharge the order on your behalf.

Restraint orders

What is a restraint order?

Similarly to a freezing order, a restraint order will  prevent you from accessing or moving your assets. However, unlike freezing orders which are generally used in civil disputes, restraint orders are used to restrain assets which are suspected to be linked to serious criminal conduct.

As restraint orders are linked to serious criminal offences, the procedures are stricter and they often impose additional financial burdens and complexities. For example, the Court may appoint a ‘Management Receiver’ who will control and manage your assets. These Receivers usually charge very high fees.

Why have I received a restraint order?

If you have received a restraint order, it is likely because there is an ongoing criminal investigation. The authorities believe that your assets are linked to criminal activities or that you have benefitted from criminal conduct. A restraint order can be served even before there are any criminal charges.

You might be the main suspect under investigation, or you could be the joint owner of the assets which are linked to the criminal activity. In some cases, even a third party who is not related to the investigation may face a restraint order if they hold property or money transferred by the suspect or defendant. These transferred assets are known as ‘tainted gifts’.

Ultimately, your assets are being restrained because they may need to be confiscated if there is a criminal conviction.  

What should I do if I have received a restraint order?

As with freezing orders, you must fully comply with the restraint order. Failing to do so can result in a fine or imprisonment.

You must act quickly after receiving a restraint order. Usually, you have to give details of all your assets to the authorities within 21 days of receiving the order.

Restrain orders are serious so you should seek legal advice as soon as possible.

Can I challenge a restraint order?

Yes, there may be grounds on which you can challenge a restraint order, if you do not believe there is a good reason for it. A lawyer will help you explore your options for discharging or varying the order.

Production orders

What is a production order?

A production order is a request to access particular materials or property that might assist a civil or criminal investigation. If you receive one, it means you have to provide the requested materials to the authorities. This could be documents, records, or other evidence that you possess.

Why have I received a production order?

If you have received a production order, it means that you are under investigation for a suspected offence. This investigation aims to gather information to determine if there is enough evidence to support the allegations against you.

What should I do if I have received a production order?

Typically, you have about seven days from when you receive the order to hand over the requested materials. Due to this short time frame, you should seek legal advice immediately to ensure you fully understand what information you need to disclose, and whether you can vary or challenge the order.

If the information requested is stored on a computer, you need to make sure it is easily readable and accessible. That might mean that you have to print out the information.

Once you have handed over the information, the authorities can keep it for as long as they need, especially if it is for legal proceedings. However, they must return it once those proceedings are finished. Sometimes, a production order might allow the authorities to enter your premises to collect the requested materials.

Can I challenge a production order?

Yes, it is possible to challenge a production order, but it must be done quickly, as the challenge must be submitted within seven days.

For example, if the authority is requesting confidential information, you may challenge this. It is also important to note that a production order cannot force you to hand over anything that's legally protected, such as confidential communication with your lawyer.

What if I ignore a production order?

If you do not follow a production order, you could face serious consequences. You might have to pay a fine, have your assets taken away, or even go to prison. Additionally, the authorities could request a search and seizure warrant under a specific section of the law. This means they could legally search your property and take away any relevant evidence or materials.

When should I instruct a solicitor?

If you’ve received a restraint, production, or freezing order, it’s best to instruct a solicitor as soon as possible. At Harewood Law we have expertise in defending and challenging these orders to make sure that your rights are fully protected.

If you’d like to discuss your situation, please contact the team at Harewood Law on 0333 3448377 or info@harewoodlaw.com. We can arrange a conference for you and can discuss matters further. Early engagement and a proactive approach to the case is always beneficial, so if you are looking for a solicitor near Leeds, Bradford, Halifax, Wakefield, Huddersfield, across West Yorkshire - get in touch with Harewood Law.