An organization or an individual may not be familiar with the Civil Recovery Investigation for the Property Freezing Order issued by a National Crime Agency or any other prosecuting authority.
The Civil Recovery Investigation and the Property Freezing Order can adversely affect the career of a person or the operation of his business.
Therefore, it is best to consult a property freezing order solicitor to get expert legal guidance.
The NCA and several other prosecuting agencies have the authority to act on civil recovery proceedings. The state has the authority to raise the proceedings in the High court under part 5 of POCA to recover the property which is by any company or an individual suspecting of criminal activity.
The Process
- To begin with, the prosecuting agency will apply at the High court.
- The individual or the company will not be notified about the application for the The decision will be made by the High Court Judge whether to grant the application for the Property Freezing Order.
- If the request is granted, the outcome of the Order is to freeze all the property that includes both in the UK and worldwide including the bank accounts.
- The Order will request to provide all the details about the company or individual, disclosure of financial details are also essential
- All the assets will be frozen as per the decree of the Property Freezing Order. An investigation will be conducted. After the investigation, the decision will be made whether the formal civil recovery is continued at the High Court.
What should I do if I have been served an Order?
If you have received an Order, take some legal help.
- Provisions are made for reasonable living expenses for the individual if the Property Freezing Order has been issued. Legal experts will assist you in providing the details and the needed amount as allowance.
- By using the frozen assets, reasonable legal expenses have to be paid as enclosed in the Property Freezing Order. The funds that are needed to cover the legal expenses will be negotiated with the prosecuting agency
- In the above two cases, if the prosecuting agency is reluctant to let the exclusion of those funds by using the frozen assets, a plea to the court will be raised
- The Property Freezing Order will be reviewed and will be advised to discharge or alter the Property Freezing Order.
The Frozen or forfeited assets include all the recoverable property that is accumulated through unlawful conduct. The recoverable property includes commercial properties, residential property, share portfolios, money deposited in bank accounts, etc. The Property Freezing Order will be sent to all recoverable property owners like individuals, companies or third parties like friends, family, and business associates.
