Account Freezing Orders (AFOs) – Frequently Asked Questions

What is an Account Freezing Order ?

An Account Freezing Order (AFO) is a court order that prohibits a person from making withdrawals or payments from a bank or building society account. AFOs are typically used by law enforcement agencies to prevent the use of criminal proceeds or to preserve assets for forfeiture.

Who can apply for an AFO?

Any senior enforcement officer can apply for an AFO, including officers from the National Crime Agency (NCA), the Serious Fraud Office (SFO), and Her Majesty’s Revenue and Customs (HMRC).

What are the grounds for an AFO?

An AFO can be granted if the senior enforcement officer has reasonable grounds to suspect that:

• The money in the account is the proceeds of crime; or
• The money in the account is intended to be used for criminal activity.

What is the process for applying for an AFO?

The senior enforcement officer must apply to the Magistrates Court for an AFO. The application must be made in writing and must include the following information:

• The name and address of the person whose account is to be frozen;
• The name and address of the bank or building society holding the account;
• The amount of money in the account; and
• The grounds for the application.

What happens if an AFO is granted?

If an AFO is granted, the person whose account is frozen will be served with a copy of the order. The order will specify the amount of money that is frozen and the restrictions on withdrawals and payments.

The person whose account is frozen will be able to apply to the court to vary or set aside the order. However, the court will only grant a variation or setting aside order if it is satisfied that there are reasonable grounds to believe that the order is no longer necessary.

What are the consequences of breaching an AFO?

Breaching an AFO is a criminal offence. The maximum penalty for breaching an AFO is two years’ imprisonment.

What are your rights if your account is frozen?

If your account is frozen, you have the right to:

• Be informed of the reasons for the freezing order;
• Be given a copy of the freezing order;
• Apply to the court to vary or set aside the order; and
• Challenge the order in the High Court.

How can I get help if my account is frozen?

If your account is frozen, you should seek legal advice as soon as possible. A lawyer can help you understand your rights and options and can represent you in court if you decide to challenge the freezing order.

Here are some additional FAQs about AFOs:

• What is the difference between an Account Freezing Order and an Account Forfeiture Order?

An Account Freezing Order is a temporary measure that prevents a person from accessing their money, which can be in place for up to two years. Whilst an Account Freezing Order is in place, the government agency can apply to the court for an Account Forfeiture Order, which is a permanent order that allows the government to seize the money in the account.

• What are the implications of having my account frozen?

Having your account frozen can have a significant impact on your life. You may not be able to pay your bills, buy food, or access your money for other essential expenses. You may also have difficulty getting a mortgage or other loan.

• What should I do if my account is frozen?

If your account is frozen, you should first contact your bank or building society. They will be able to tell you more about the reasons for the freezing order and what you can do next. You should also seek legal advice as soon as possible.