Not every frozen account is a mystery. Sometimes there’s no ambiguity at all — you’ve been told, in black and white, that a court has made an Account Freezing Order against your money. That certainty doesn’t make it any less alarming. If anything, seeing the words “Proceeds of Crime Act” attached to your own bank account raises the stakes the moment you read them, even before you understand what any of it actually means.
An Account Freezing Order is a civil court order that freezes money in a UK bank or building society account on suspicion it’s connected to unlawful conduct — and, unlike some other POCA powers, it’s one you’ll generally know has happened, even if no one explains why in detail.
Here’s what it actually involves, and what genuinely happens next.
What is an Account Freezing Order?
It’s an order made by a magistrates’ court under section 303Z1 of the Proceeds of Crime Act 2002, at the request of an enforcement agency like HMRC, the police, or the National Crime Agency. The order freezes the balance of a specific account, preventing any money being paid out of it, while the agency investigates whether the funds represent, or were intended for, unlawful conduct.
What has to be proven for one of these orders to be made?
Far less than you might expect. The legal threshold is reasonable suspicion, not proof — a civil standard, well short of what would be needed to convict anyone of anything. An order can be sought on accounts holding as little as £1,000, so this isn’t a tool reserved only for large sums or obviously serious cases.
How long can an Account Freezing Order actually last?
Up to two years in total. In practice, orders are often granted for a shorter period at first — commonly three to six months — with the agency going back to court to extend it if the investigation is still ongoing. It’s worth treating the initial order as a starting point, not necessarily the full picture of how long this might run.
Can I access any of my own money while the order is in place?
In short, yes, at least partially. It’s a recognised and fairly commonly used option to apply to the court for release of funds to cover reasonable living expenses, or, for a business account, essential running costs. This isn’t automatic — it has to be requested and properly evidenced — but it’s a genuine avenue, not a long shot.
Could the money actually be taken away permanently?
Yes, and this is the part that catches people out. If the agency concludes the funds genuinely are the proceeds of crime, it can move to forfeit them for good, by serving a formal notice of intention to forfeit. You then have a window — at least 30 days — to object. If no objection is made within that time, the agency will apply to the court for the money to be forfeited. Missing that window is, in practical terms, the single most costly mistake anyone can make in this process.
What if some of the money in the account isn’t mine?
This comes up often — joint accounts with a spouse or partner, family savings, a business account holding a partner’s share of company funds or indeed even third party funds. An Account Freezing Order freezes the whole balance, regardless of whose money is actually in there. It is possible for third parties with a genuine interest in some of it, does have the ability to assert that interest, rather than assume it will be recognised automatically.
Can an Account Freezing Order be challenged?
Yes. It’s possible to apply to vary an order — for the living or business expense exceptions mentioned above, — or to apply to discharge or set it aside entirely where the underlying suspicion doesn’t hold up to scrutiny. Whether either route is realistic depends heavily on the specific facts and the evidence the agency relied on when it applied for the order in the first place and indeed what facts and evidence you have in rebuttal.
Is this the same as my bank freezing my account on its own initiative?
No, and it’s worth knowing the difference. An Account Freezing Order is a specific court order, and you’ll generally be aware it exists, even without every detail. If your bank has frozen your account with no explanation at all and no order has been mentioned, that’s very likely a different situation — a bank-led freeze connected to a Suspicious Activity Report, which works differently and comes with its own rules. See our companion article on if that sounds closer to your situation.
If you’ve been served with an Account Freezing Order, or believe one may be coming, can help you understand the order and the realistic options available to you.
How can Thompson Roderick help?
If you’ve been served with an Account Freezing Order, or believe one may be coming, Thompson Roderick’s Asset Forfeiture & POCA team can help you understand the order and the realistic options available to you.
