An Account Freezing Order is an application made by a law enforcement agency to freeze money in a UK bank account.

These provisions were brought in by the Criminal Finances Act 2017 and the Proceeds of Crime Act 2002.

Recently these are readily being used rather than a prosecution due to the lower evidential threshold required. They are quicker and cheaper to apply for by the authorities.

The test applied is that of a civil standard rather than a criminal standard which is used in normal prosecutions.

How will I know if my account is subject an Account Freezing Order?

An application is usually made by the authorities ex parte, meaning without notice. You will receive paperwork from the Court after the order has been made. Signs that your account may be subject to an Account Freezing Order are when you may be prevented from accessing your bank accounts, such as, unable to sign in to your online banking or your banking app.

What is the test to freeze an account?

The enforcement officer has to demonstrate that they have reasonable grounds for suspecting that money held in an account is:

• Recoverable property, or;
• Intended by any person for use in unlawful conduct.

The definition of recoverable property is wide

Is there a minimum amount which can be frozen?

The law states as of May 2024 that each bank account must have a  minimum balance of £1,000.

Multiple bank accounts can be frozen simultaneously.

Funding living expenses?

There are applications that can be made to allow you access to basic living expenses including paying for existing financial commitments.

Which court deals with an Account Freezing Order?

The Magistrates’ Court are the designated courts which hear these applications. These are known as civil proceedings.

Can I still be investigated for a criminal offence?

Yes you can. An Account Freezing Order is merely freezing the sums of money in your bank account to prevent you from spending them. This does not prevent authorities from investigating you for any separate criminal allegations.

Is there a time limit?

The maximum period that a Freezing Order can remain in place is 2 years following which the Authorities have to either release the funds or make an application for forfeiture.

What is a Forfeiture Order?

If the authorities reject the evidence you provide, they can proceed to make an application for a Forfeiture Order. You will have an opportunity to contest this application. If you lose, the Court will confiscate the funds in your account. You do have the right to appeal any decision in the Magistrates Court.

Should you require further advice in this area, please do not hesitate to contact our specialist teams on 0344 587 9996.