Having your bank account frozen can be unexpected and extremely stressful. Whether the account is personal or business-related, an Account Freezing Order (AFO) can prevent you from accessing your money and quickly affect your day-to-day finances.

Our specialist team of POCA solicitors advise individuals and businesses facing Account Freezing Orders under the Proceeds of Crime Act 2002 (POCA). We provide clear, practical advice and represent clients at every stage of the process.

What Is an Account Freezing Order?

An Account Freezing Order is a court order that allows law enforcement agencies to freeze money held in a bank or building society account where they have reasonable grounds to suspect that the funds are either the proceeds of criminal conduct, or intended for use in unlawful activity.

Importantly, you do not have to be charged with or convicted of a criminal offence before an AFO is made. This means accounts can be frozen purely on suspicion, often at an early stage in an investigation.

What Happens if Your Account Is Frozen?

In practice, an AFO begins with an application made to the Magistrates’ Court. The application is typically made without notice to the account holder, and you may first become aware of the Order once your bank informs you that your account has been frozen.

Once an Account Freezing Order is in place, the bank is legally required to prevent withdrawals or transfers from the account. This can make it difficult to pay household bills, mortgage payments, staff wages, suppliers or other essential expenses.

An Account Freezing Order can apply to accounts containing £1,000 or more and may remain in place for up to two years while investigators examine the source of the funds, although they are often reviewed and extended in stages.

During that time, the authorities will examine the source of the funds and decide whether to release the money or apply for an Account Forfeiture Order, allowing them to permanently seize the funds.

Can an Account Freezing Order Be Challenged?

Although AFOs can be obtained quickly, they are not beyond challenge.

Depending on the circumstances, it may be possible to:

  • Demonstrate that the money came from a legitimate source.
  • Challenge the evidence relied upon by the investigating authority.
  • Argue that the Order should no longer remain in place and continued freezing is disproportionate.
  • Apply for access to money needed for reasonable living expenses or essential business costs.

Enforcement agencies must satisfy a legal threshold, and it is ultimately for the Court to determine whether an Order should remain in force.

Every case is different, but successfully challenging an Order requires a clear, strategic and well-structured response, supported by compelling evidence. A well-prepared case can significantly influence the outcome and ensure that the Court is given a full and balanced picture.

Our experienced POCA Team can help gather the necessary documents and present a clear and persuasive case to the court, representing you throughout the proceedings.

What Happens if the Authorities Seek to Keep the Money?

If investigators believe the funds are recoverable under POCA, they may apply for an Account Forfeiture Order.

This is a separate court process in which the authorities apply to keep the money.

Early legal advice can therefore make a significant difference. The steps taken during the Account Freezing Order stage often have an important impact on any later forfeiture proceedings.

Funding Your Case

Unlike many criminal proceedings, legal aid is not available for Account Freezing Order cases.

From a legal defence perspective, costs will depend on several factors, including:

  • The complexity of the financial background
  • The volume of documentation required
  • Whether the matter proceeds to contested hearings
  • The need for expert evidence (such as Forensic Accountants)

It is important to note that early intervention can reduce overall expense. Addressing issues promptly, presenting clear evidence, and engaging constructively with authorities can, in many cases, avoid prolonged litigation and the significant costs that can accompany that.

Our team will explain the process, discuss the likely costs at the outset and advise you on the most effective way to protect your position.

Contact Our POCA Team

If your bank account has been frozen or you have received notice of an Account Freezing Order, contact Ison Harrison Solicitors today.

Our POCA Team will explain your options, provide clear, practical advice and represent you throughout the process, helping you protect your finances and achieve the best possible outcome.

To find out more, call us on 0113 224 7825 or email poca@isonharrison.co.uk for a no obligation consultation.