Bank Account Freezing Orders
Bank Account Freezing Orders
If your bank account has been frozen by the authorities, you need immediate legal advice from expert solicitors who understand how to act fast, apply strategic pressure, and protect your financial and reputational position.
Account Freezing Orders (AFOs) can be devastating. They are often made without notice, require no criminal conviction, and can restrain access to your own money for up to two years. If you or your business is affected, early legal advice can make all the difference.
At Lupton Fawcett, our nationally recognised Criminal and Regulatory Defence team has extensive experience advising clients affected by Account Freezing Orders and Account Forfeiture proceedings. We regularly act for individuals, businesses, high-net-worth clients, and politically exposed persons (PEPs) across England and Wales who are suddenly and seriously impacted by these increasingly common enforcement tools.
Early legal advice can often prevent charges and protect your future. Call 07971520407 for confidential support or complete the form below to speak with one of our specialists.
Why Choose Lupton Fawcett?
Lupton Fawcett is a Top 200 UK law firm with offices in Sheffield, Leeds and York. Our criminal and regulatory lawyers are nationally ranked in The Legal 500 for their expertise in financial crime and white-collar defence, and we are widely known for resolving complex, sensitive cases with speed, discretion and professionalism.
Jeremy Scott, Meghan Waldron, and Richard Etherington are nationally recognised for their work in relation to criminal investigations that take place in light of the Proceeds Of Crime Act. Each has acted in complex, high-profile cases involving the National Crime Agency (NCA), HMRC, the Serious Fraud Office (SFO), and other major enforcement bodies.
We take a proactive approach from the very beginning. In many cases, we are able to make problems go away long before they reach court. Clients choose us because we combine deep legal knowledge with commercial insight. We move quickly and with complete confidentiality to protect your interests, whether that means challenging the order, negotiating a variation, or preventing your assets from being permanently forfeited.
“The team is very strong with excellent technical ability, a very proactive and organised approach and is able to deal with complex and difficult matters.”
The Legal 500
What is an Account Freezing Order (AFO)?
An Account Freezing Order is a civil order made under the Proceeds of Crime Act 2002, as amended by the Criminal Finances Act 2017. It allows law enforcement agencies to freeze funds held in a UK-based bank or building society account if there are reasonable grounds to suspect that the money represents the proceeds of criminal conduct, or that it is intended for use in unlawful activity.
AFOs can be granted for accounts containing as little as £1,000, and applications are often made without notice to the account holder. In many cases, the first sign of an investigation is when your account is already frozen. These orders can remain in place for up to two years, and during that time the enforcement agency may apply to forfeit the money altogether without requiring any criminal charge or conviction.
How can we help?
We take immediate, strategic action to preserve your position and unlock access to your funds. Our team will assess whether the AFO is legally justified and identify all available routes to challenge or vary the order.
In many cases, we can apply to the court to allow specific payments to be made from the frozen account. This may include reasonable living expenses, essential business costs, or legal fees. These applications are made under section 303Z5 of POCA and often require full financial disclosure and persuasive supporting evidence.
Where appropriate, we challenge the validity of the order entirely under section 303Z4 of POCA. If the legal threshold has not been met, the suspicion is unsubstantiated, or the court was misled, we will apply to discharge the order altogether.
We also engage directly with enforcement agencies to de-escalate matters without litigation, or to prevent the case progressing to forfeiture. Where forfeiture is pursued, we prepare a detailed evidential defence and represent you throughout the proceedings.
All advice is given with your wider legal and reputational risk in mind. Our priority is to protect you—not only from financial loss, but from longer-term consequences that may arise if matters are mishandled.
What to do if your account is frozen?
If your bank account has been frozen, do not delay. The sooner we are instructed, the more effectively we can intervene—whether to challenge the order, secure essential access to funds, or prepare a defence against any risk of forfeiture or criminal action.
Do not contact the authorities directly. Even well-intentioned discussions can damage your legal position or be misinterpreted by investigators. Let us advise and speak for you.
Our specialist financial crime solicitors are ready to help. Call 07971520407 for confidential support or complete the form below
Frequently Asked Questions about AFOs
An Account Freezing Order (AFO) is a civil order that restrains access to funds in a UK bank or building society account. It is made by a magistrates’ court and can last up to two years while law enforcement investigates whether the funds are linked to criminal conduct.
Importantly, no criminal charge or conviction is needed for an AFO to be made. The court only needs to be satisfied that there are reasonable grounds to suspect that the funds are either recoverable property or intended for unlawful use.
Law enforcement agencies such as the NCA, HMRC, the SFO or local police can apply for an AFO. The application may be made without informing the account holder (known as an ex parte application), and if the court is satisfied that the threshold for suspicion is met, the order is granted.
The account must hold at least £1,000 for an AFO to be made.
No. An AFO freezes the account, but forfeiture is a separate legal process. Authorities may apply to seize the funds permanently via an Account Forfeiture Order (AFrO). This application must still meet the civil standard of proof but does not require a criminal conviction.
You should contact a solicitor immediately. We can advise on whether to contest the AFO, apply to vary it, or begin preparing to challenge any future forfeiture application. Any delay risks missing important legal deadlines and may weaken your position.
AFOs can be granted for up to two years. The order itself will state the duration. If initially granted for a shorter period, it can be extended by the court upon application, provided the total duration does not exceed two years.
There are three main routes:
All of these require strong supporting evidence and a carefully planned legal approach.
AFOs are efficient tools for law enforcement to prevent the movement of suspected criminal funds without needing to charge or prosecute anyone. They are particularly attractive due to their speed, low evidential threshold, and ability to operate discreetly.
However, the simplicity of the process also means that innocent individuals and legitimate businesses can be affected. That is why expert legal representation is critical.
Yes, in certain cases. You may be able to apply for access to pay essential living costs, fund a business, or cover legal fees. These applications need to be backed by detailed financial information and may be challenged by the authorities, so expert advice is important.
Contact Our Account Freezing Order Solicitors Today
Lupton Fawcett’s expert Account Freezing Order Solicitors represent clients across the UK. We act for individuals, companies and third parties, including clients in London, Birmingham, Leeds, Manchester, Sheffield, York, Liverpool and Nottingham.
If you are under investigation, facing charges, or worried that an allegation may be made against you, now is the time to act. Getting the right legal team involved early can make all the difference to the outcome of your case.
We are known for acting discreetly, strategically, and with the commercial awareness our clients expect. Whether you need an urgent variation, a full defence, or confidential early advice, we are ready to support you.
Lupton Fawcett is a top-tier law firm with long-established offices in Leeds, Sheffield and York, serving clients across Yorkshire and throughout England and Wales. Our team is ranked nationally for Criminal Defence and Regulatory Law, and we are regularly instructed in some of the most complex and high-profile cases in the country.
Contct our team today and let us help you regain control of your finances and protect your future. Call us today on 07971520407 or complete the enquiry form below. All enquiries are handled in strict confidence, and we will respond promptly.
“The team at Lupton Fawcett is extremely knowledgeable, approachable and technically excellent”.
The Legal 500