If the police have frozen your bank account, act quickly. An account freezing order can stop withdrawals and payments while investigators examine whether money may be recoverable property or intended for unlawful conduct. It is not itself a criminal conviction, but it can seriously affect your household, business and reputation. Ghafar Khan can review the order, the evidence and the available response.
Why has my bank account been frozen by the police?
Under Part 5 of the Proceeds of Crime Act 2002, an enforcement officer may apply to the Magistrates’ Court for an account freezing order. The court must consider whether there are reasonable grounds to suspect that money held in the account is recoverable property or is intended for use in unlawful conduct.
The application may be connected with suspected fraud, drug supply, money laundering, unexplained credits, transfers between accounts, cash deposits or alleged criminal proceeds. An order may sometimes be made without advance notice, so urgent legal advice is important.
Can I challenge an account freezing order?
Yes. Section 303Z4 of POCA allows an affected person to apply to vary or set aside an account freezing order. The correct approach depends on the order, the alleged basis for suspicion and the documents available. A careful response may address the legitimate source and intended use of the money.
- bank statements and transaction records;
- payslips, invoices and business accounts;
- sale, loan, gift or inheritance documents;
- tax records and evidence from an accountant.
The court may also permit exclusions for reasonable living expenses, business needs or legal expenses, subject to the statutory rules and the facts of the case.
Can money in a frozen account be forfeited?
Money is not automatically forfeited merely because an account has been frozen. POCA contains separate procedures for a forfeiture notice or a court application. Deadlines and objections matter. The official POCA codes of practice and the CPS proceeds-of-crime guidance explain the wider legal framework.
Which solicitor handles account freezing orders?
Contact Ghafar Khan if the police, HMRC or another enforcement authority has frozen your account or served forfeiture papers. He can consider the order, identify the relevant financial and legal issues, advise on evidence and prepare the appropriate response. Related allegations may also require specialist money laundering defence advice.
Frequently asked questions
Can I access money for bills and living expenses?
Possibly. The court can make exclusions from an order, but the request must be properly evidenced and is decided on the individual circumstances.
Should I provide documents to the police myself?
Get legal advice first. Documents can be important, but they should be checked, organised and presented in the context of the allegation and the order.
Contact Ghafar Khan, Criminal Defence Solicitor and High Court Advocate. Call, text or WhatsApp the 24/7 mobile 07500 556587, email notguilty@ghafarkhan.com, acting throughout England and Wales. #CALLGFA.
This article provides general information only and is not legal advice for any individual case.