An Account Freezing Order ('AFO') is an Order under the Proceeds of Crime Act 2002 which prohibits the use of your bank or building society account. The enforcement agency must have reasonable evidence that your money constitutes ‘recoverable property’ which means that the funds have been or will be used on some unlawful activity.

An AFO can only be issued by a Magistrates Court on application by one of a number of specified enforcement agencies. An AFO can be in place for up to two years. The agency in question can make the application without notice to you where they present evidence to the court that notifying you would likely lead to you concealing the funds. An AFO can have a devastating effect on your life and business as you literally cannot access funds from the account or make any payments.

You have a right to apply to the Magistrates Court which issued the AFO to discharge or vary the AFO. Such an application must be on the basis that the enforcement agency does NOT have reasonable evidence that the funds are the proceeds of unlawful activity. In our experience before going to court it is better to engage with the enforcement agency to address their concerns and explain the source of funds and to demonstrate (with evidence if possible) that the funds are legitimate and not the result of any unlawful activity.

If you are the subject of an AFO please call us in confidence on 0208858 5996 or Winston.brown@brownandcosolicitors.co.uk