Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Asset definition

What does Asset mean? In legal practice, an asset is any thing of economic value that a person or entity owns or controls and can realise, transfer, secure or enforce. The term is descriptive and used across contexts (company law, trusts, matrimonial finance, probate, enforcement and insolvency), with specific legislation or rules defining it for particular purposes (for example, insolvency, taxation and financial services). Assets include land and buildings, cash and bank balances, securities (shares, bonds and other fixed‑income instruments), receivables, contractual rights (choses in action), intellectual property, goodwill and, increasingly, cryptoassets. Assets may comprise legal or equitable interests and can be tangible or...

Private Prosecutions in England and Wales: Restraint, Confiscation and Compensation under POCA 2002 and the Sentencing Act 2020

Published by a LexisNexis Corporate Crime expert

Practice notes

This Practice Note explores in detail how Restraint orders, confiscation proceedings and compensation orders are deployed in Private Prosecutions.

Restraint orders in private prosecution proceedings

For an overarching guide to the operation, mechanics and effect of restraint orders in general, see: Restraint and confiscation—overview. A restraint order operates to freeze property and to preserve a defendant’s assets so that they remain available to meet any confiscation order imposed following a successful prosecution and conviction. For further background, see Practice Note: Restraint orders—What is a restraint order? Applications seeking restraint orders are made in the Crown Court under the Proceeds of Crime Act 2002 (POCA 2002) and can be pursued before any arrest has occurred and/or before proceedings have commenced (commonly described as pre-charge restraint orders), or later within an investigation or prosecution, including post conviction. POCA 2002, s 40 identifies five circumstances in which the Crown Court may make a restraint order. For additional information, see Practice Note: Restraint orders—Conditions for the grant of a restraint order and Conditions required before a restraint order can be made—checklist, as noted above and within that guidance...

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Charlotte Evans

Peters & Peters

Charlotte is an experienced Associate, advising individual and corporate clients across a broad range of practice areas, including criminal fraud, Serious Fraud Office (SFO) investigations, private prosecutions, INTERPOL red notice, extradition and mutual legal assistance matters, internal investigations, bribery offences, sanctions and general crime.Charlotte often advises clients facing investigation/action brought by UK and overseas governments or enforcement agencies, including the UK’s SFO, Financial Conduct Authority, HM Revenue and Customs and the US Department of Justice (DOJ). She also has experience of advising on internal investigations, particularly where fraud or corruption are suspected and there is a risk of civil, criminal, or regulatory proceedings, as well as reputational/commercial risk.Her private prosecution experience includes assisting the team that successfully prosecuted two individuals on behalf of Inkorporate Ltd, who were found guilty of fraud and money laundering offences in May 2022 following a lengthy...

Sam Whiteley

Peters & Peters

Sam is an Associate in the Business Crime & Investigations team at Peters & Peters, where he also trained. Before joining the firm, he worked for two years in the litigation team of an international energy company, where he worked on a range of arbitration and litigation, including a large multijurisdictional fraud case with criminal and civil limbs.Sam has a first-class BA in English from the University of Oxford and a law degree from the University of London. Sam also worked at Macfarlanes LLP, where he assisted on multiple matters with a Russia or CIS element, and went on secondment to alternative investment firm Oak Hill Advisors L.P. to assist them with financial regulatory work. Sam speaks conversational Spanish and has been published by numerous publications. ...

Web page updated on 21/05/2026

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