ANNEX B: OVERVIEW OF THE CONFISCATION PROCESS UNDER POCA 2. Restraint 2.2 Applying for a Restraint Order
A restraint order may be obtained where there is reasonable cause to believe that that an alleged offender has benefited from their criminal conduct, and at any time after:
	a criminal investigation has started with regard to an offence,
	proceedings have been started for an offence but not concluded,
	an application has been made by the prosecutor for reconsideration of a case, benefit or available amount, or
	an application for confiscation has been made where the defendant has absconded.
A restraint order may also be obtained when:
	an application has been, or is likely to be, made by the prosecutor for reconsideration of benefit where a confiscation order has already been made,
	an application has been, or is likely to be, made by the prosecutor for reconsideration of the available amount where a confiscation order has already been made.
Applications for a restraint order may be made without the subject of the order being notified (to avoid the subject taking action to hide or dissipate the assets) to a Crown Court judge by:
	the prosecutor; or
	an accredited financial investigator.
An application for a restraint order will take the form of a written statement by a financial investigator giving details of the case and the defendant’s benefit and property (including any tainted gifts).