When you are subject to investigation in England and Wales, law enforcement agencies may apply to the court for an Account Freezing Order or a Restraint Order to be issued. These are court orders that restrict your access to funds (or, in the case of a Restraint Order, other assets) while investigations and possibly proceedings are ongoing. The purpose of these orders is to prevent the dissipation of assets that may be the proceeds of crime, and which may therefore represent ‘recoverable property’ under the Proceeds of Crime Act 2002 (POCA).

Unfortunately, these court orders are relatively straightforward for the police and other authorities to obtain. Even if you are only suspected of criminal conduct and no charges have been brought, your access to frozen or restrained funds may be completely restricted until the matter is resolved, unless prescribed expenses are granted. An Account Freezing Order lasts for up to two years, while a Restraint Order can last much longer. They are often imposed without notice, which means that you will not find out that your access to your money is restricted until it is too late.

There are several responses you can take if you find yourself in this position, including to vary the order to access reasonable living expenses or legal costs, or set it aside. To understand your options, it is important to understand the differences between Restraint Orders and Account Freezing Orders, which type of order you are subject to, and what your options might be to have the order varied, discharged or set aside. Working with an experienced Restraint Order and Account Freezing Order solicitor during this process is vital, to give yourself the best possible chance of a positive outcome.

Here, the expert criminal defence solicitors at JMW outline the differences between Account Freezing Orders and Restraint Orders, the circumstances in which these orders may be issued, the application process to have an order set aside, discharged or varied and the other legal options you may need to consider.

Key Differences Between a Restraint Order and Account Freezing Order

Restraint Orders and Account Freezing Orders are designed to restrict access to assets that are suspected of being linked to criminal behaviour, and minimise the risk of dissipation in case funds or assets which may represent recoverable property. Both are governed by POCA, and both are common in investigations or proceedings related to financial matters or organised crime.

While they overlap in terms of their function, there are several key differences for the person affected in terms of scope, duration and the legal options to challenge them. The key difference is that a Restraint Order is broader, covering all property of an individual under investigation, including third parties, while an Account Freezing Order targets only specific accounts. Beyond this, there are a number of specific points on which they differ that can be useful to bear in mind when preparing a legal response.

Restraint Order

A Restraint Order prevents a person suspected of criminal conduct from disposing of or dealing with their assets while an investigation or prosecution is ongoing. It applies to all assets belonging to the individual, not just bank accounts. This includes property, vehicles, investments and cash, and the order may prohibit not only the individual but any third parties from dealing with the restrained property. It remains in force until varied or discharged by the court. As such, it can be difficult for people facing a Restraint Order to pay for legal expenses or the things they need in their everyday lives. Amendments under the Crime and Policing Act 2026 aim to change this, but have not yet come into force.

The police, the Crown Prosecution Service and other key prosecuting authorities can obtain a Restraint Order at an early stage of an investigation. This may be possible even before charges are brought if there are reasonable grounds to suspect that an offence has been committed and the person has benefitted from it. The applicant can often provide evidence to a Crown Court judge in private to have the order granted, which means that the asset holder will not know about the order until they have already had their assets restrained.

Breaching a Restraint Order can amount to contempt of court, which can lead to imprisonment. This means that the only response that can restore access to your assets or finances is to challenge the order, or apply to have it varied or discharged through legal means. Underlying proceedings may last for a long time, but there may also be scope to challenge the order on the basis that progress in the investigation has stalled, rendering the Restraint Order unnecessary or proving that there is no risk of dissipation.

Account Freezing Order

An Account Freezing Order is made under POCA as amended by the Criminal Finances Act 2017. It freezes money held in a specific bank or building society account where there are reasonable grounds to suspect that funds are the proceeds of unlawful conduct or intended for unlawful use. Because it is limited to the named account or accounts only, and does not extend to other property or assets, it is less restrictive for the alleged offender. However, it can still create significant problems in paying for everyday living expenses or the operating costs for a business.

An application can be made by an enforcement officer (such as the police, National Crime Agency, or even HM Revenue and Customs). The court must be satisfied that there are reasonable grounds to suspect the funds are linked to unlawful conduct, but this is a relatively low threshold of evidence. As such, account freezing orders have become increasingly common over the last few years and are regularly implemented without notice to the person affected.

When this happens, the account holder cannot access or withdraw the frozen funds during the period of the order (up to two years). Banks, financial institutions and other account holders must comply strictly, as any attempt to move or conceal the funds may lead to further criminal or civil proceedings.

Together, these two orders form part of the wider framework under POCA that allows authorities in England and Wales to investigate suspected criminal activity and preserve assets for possible confiscation or civil recovery. Because the threshold that investigators need to satisfy is relatively low, these orders are regularly granted in situations where someone has not committed a crime. As a defendant or a person under investigation for any kind of criminal conduct, it is important to act quickly if you discover that you are subject to a court order that freezes your assets or accounts.

How Can You Respond to a Restraint Order or Freezing Order?

There are several routes you may be able to take if your bank accounts or assets are frozen during an investigation into alleged criminal activity. The most important step is to consult an Account Freezing Order solicitor for support in building a defence. After all, if the authorities believe they have reasonable cause to enforce an Account Freezing Order or Restraint Order, there is a strong possibility that you will face a thorough investigation.

It is vital to prepare your defence at your earliest opportunity. The team at JMW can discuss your circumstances in detail, examine the prosecution's evidence and collect any other relevant evidence that proves your version of events and that the funds are not recoverable. We can represent you in police interviews and help you to provide evidence and comply with investigators without incriminating yourself.

We will monitor any evidence-gathering activities to make sure they are legally compliant and, if investigators use production orders to gain access to financial documents, we can advise you on a suitable response. We are experts in building strategies based on challenging evidence and in having Restraint Orders and Account Freezing Orders varied, set aside or discharged successfully.

JMW can provide a defence against any alleged criminal activity and represent clients in the Crown Court or Magistrates Court if criminal charges are brought. Our experience in court proceedings extends to sentencing, appeals and confiscation proceedings, all of which can have significant implications for a defendant's assets, freedom and outcome. This includes defending against any confiscation order and applying on behalf of the person whose funds were restricted or other interested parties to have them returned.