Account Freezing Orders (AFOs)

An Account Freezing Order (AFO) is a powerful tool used by UK law enforcement to freeze money held in a bank or building society account. These orders can be imposed with no prior warning, leaving individuals and businesses suddenly unable to access their own funds. An AFO can be devastating, preventing you from paying bills, meeting payroll, or managing daily expenses. The process is swift and the consequences are immediate. Challenging an AFO requires urgent, specialist legal action from a team that understands the complex laws governing these orders.

At Central Chambers Law, our senior legal consultants are experts in financial crime and proceeds of crime legislation. We understand the immense disruption and distress an AFO causes. Our function is to provide an immediate, strategic response to challenge the order and regain control of your assets. We are not general criminal lawyers; we are specialists with a deep understanding of how these orders are made and, crucially, how they can be defeated.

Understanding the Offence: What is an Account Freezing Order?

An Account Freezing Order is not a criminal charge, but a civil measure granted under the Proceeds of Crime Act 2002 (POCA). It allows an enforcement agency, such as the police or the National Crime Agency (NCA), to freeze funds in an account if they have reasonable grounds to suspect the money is either:

• Recoverable Property: Money obtained through unlawful conduct (i.e., the proceeds of crime).
• Intended for Unlawful Use: Money that is going to be used in criminal activity.

The initial order can freeze an account for up to two years while an investigation takes place. The burden of proof for the authorities to obtain the order is relatively low, which is why innocent individuals and legitimate businesses often get caught in the net.

The Legal Process: How AFOs are Made and Challenged

The process typically begins without your knowledge. An enforcement agency makes a private application to a Magistrates' Court. If the court agrees there are "reasonable grounds for suspicion," it will grant the AFO. You will only find out when you attempt to use your account and discover it is frozen.

Once an AFO is in place, the clock is ticking. The authorities will investigate the source of the funds. At the end of the investigation, they will either:

1. Apply for Forfeiture: If they believe they can prove the money is from or for criminal activity, they will ask the court to permanently confiscate it.
2. Release the Funds: If their investigation fails or you successfully challenge the order, the money will be released.

It is a mistake to wait for the investigation to conclude. A proactive challenge is essential.

How the Authorities Build Their Case

The authorities build their case on suspicion, often relying on red flags in your financial activity. Our expertise is crucial for providing legitimate explanations for these transactions.

Common grounds for suspicion include:

• Large or Unusual Transactions: Sudden, large cash deposits or transfers that do not fit your normal account activity.
• Complex or International Transfers: Money moving through multiple accounts or jurisdictions without a clear commercial reason.
• Links to Suspect Individuals: Receiving money from or sending money to individuals who are under investigation.
• Cash-Based Businesses: The authorities are often suspicious of businesses that handle large amounts of physical cash.

Why Central Chambers Law Provides the Definitive Defence

When your assets are frozen, you need a legal team with specialist knowledge of POCA. A general lawyer will not have the required experience to navigate this niche and complex area of law.

Clients trust Central Chambers Law because we are experts in financial crime defence. Our reputation is built on our ability to act quickly and strategically to unfreeze assets. Our approach involves:

• Immediate Action: We act the moment you contact us. We will immediately engage with the enforcement agency to understand the basis of their suspicion.
• Challenging the 'Reasonable Grounds': The core of the legal test is whether the suspicion is reasonable. We meticulously analyse your financial records to provide a clear, legitimate explanation for the transactions in question, demonstrating that the suspicion is unfounded.
• Negotiating a Resolution: We are often able to persuade the investigating agency to consent to the order being discharged without a contested court hearing by providing a compelling portfolio of evidence proving the legitimacy of your funds.
• Applying for Variations: While the case is ongoing, we can apply to the court to vary the order to allow you to meet your essential living costs and legal expenses.

Our focused expertise means we are equipped to dismantle the suspicions against you and work towards the swift release of your funds.

Consequences of an Account Freezing Order

The impact of an AFO is immediate and severe. You can be left without access to money for rent, mortgages, food, and other necessities. For a business, it can be catastrophic, halting operations and preventing payments to staff and suppliers. If the funds are ultimately forfeited, they are lost permanently.

Protect Your Assets with an Expert Defence

Having your bank account frozen is a deeply unsettling experience. The authorities have the upper hand, but their suspicions can be challenged. A proactive, specialist defence is absolutely essential to protect your assets and regain control of your financial life.

Do not face this challenge alone. Contact our expert financial crime solicitors immediately for a confidential consultation and take the first critical step in unfreezing your account.

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