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 advises 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, including the police, HMRC and the National Crime Agency, to freeze money held in a bank or building society account where they suspect it is connected to criminal activity.

Importantly, you do not have to be charged with or convicted of a criminal offence before an Account Freezing Order is made.

Applications are often made without notice, meaning you may only become aware of the Order when your bank tells you that your account has been frozen.

What Happens if Your Account Is Frozen?

Once an Account Freezing Order is in place, you may be unable to access money in the affected 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.

During that time, the authorities will 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?

Yes. Although Account Freezing Orders can be obtained quickly, they can also be challenged.

Depending on the circumstances, it may be possible to:

  • Show 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.
  • Apply for access to money needed for reasonable living expenses or essential business costs.

Every case is different, and success often depends on presenting clear financial evidence and responding quickly.

Our experienced POCA team can help gather the necessary documents, explain the source of funds and represent 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 ask the court for permission to keep the money permanently.

Early legal advice can 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.

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.