Account Freezing Orders
Account Freezing Orders (AFOs) – What You Need to Know
An Account Freezing Order (AFO) is a court order under the Proceeds of Crime Act 2002 (POCA) that allows law enforcement agencies (such as the police, HMRC, or the NCA) to freeze money in a bank or building society account if they suspect it is linked to criminal activity.
This does not mean you have been charged with an offence, but it can have a serious impact – preventing you from accessing your own money for day-to-day living or business needs.
When can an AFO be made?
- An enforcement authority can apply to the Magistrates’ Court for an AFO.
- They must show reasonable grounds to suspect that the money in the account is the proceeds of crime, or intended for use in unlawful conduct.
- The account must hold at least £1,000.
How long can it last?
An AFO can initially last up to two years.
During this period, you may be restricted from using the funds unless the court allows certain withdrawals (for example, for living expenses or business costs).
What happens after an AFO?
While the account is frozen, the authorities may:
Apply for a forfeiture order to permanently seize the funds, or
Release the funds if they can’t prove any criminal connection.
Can you challenge an AFO?
Yes. You are entitled to:
Oppose the application when it is first made.
Apply to vary or discharge an AFO if circumstances change, or if the order was wrongly made.
Why legal advice is vital
AFOs are often based on suspicion alone – not proof.
The consequences can be devastating for individuals and businesses.
A solicitor can help you challenge the order, negotiate access to funds, or prepare evidence showing the money is legitimate.
Contact us
Liverpool – Head Office
- 19-23 Sir Thomas Street
- Liverpool
- L1 6BW
- office@cobleys.com
- 0151 242 9000
