As its name suggests, an Account Freezing Order (AFO) restricts access to a bank or building society account and prevents funds from being withdrawn, moved or spent for a period of up to two years. These orders have become increasingly common over the last few years as they are relatively easy for police and other investigative authorities to obtain because the level of suspicion required to obtain an AFO is quite low.

Certain authorities use AFOs to freeze assets that they believe may be the proceeds of a crime, or intended for use in criminal activities, while they investigate. 

Unfortunately for the subjects of these orders, the investigating authority does not need to charge the individual with a criminal offence or suspect them of a particular crime for the order to be granted. This means that AFOs can affect anyone, and a restriction on your ability to access your funds for a period of up to two years can make your life very difficult. Another complication is that, when the order is made, you may be unable to pay for legal support, and therefore unable to challenge the order.

Fortunately, you have several options in the face of an AFO. In many cases, legal advice can help you vary or discharge the order, so it is important to understand your options, the legal restrictions by which you must abide, and the steps you need to take to restore your access to your funds. Here, the account freezing order experts in JMW Solicitors’ Business Crime and Regulation team explain how you can access the funds you need when you are subject to an AFO.

How can I access funds under an AFO?

Although an AFO is designed to restrict access to your funds, you do not need to have the order completely discharged in order to gain some limited access. 

The magistrate’s court is able to grant exceptions to an AFO on the following grounds:

• To allow you to pay for reasonable living expenses
• To support your profession or business
• To pay legal expenses

In practice, the court has relative freedom to grant exceptions in this way. As such, while it may seem to the subject of an AFO that they have very few options available to them, varying the order can give you some leeway to plan your next move. You should work with a solicitor to make your application, as this will give you the best possible chance of success in varying an AFO.

Can the AFO be removed?

If you are able to successfully access legal funds by varying an AFO, your next step should be to speak to a solicitor about the possibility of objecting to the order or working to have it discharged. There are many circumstances under which you may be able to have the AFO removed, and the best strategy will depend heavily on the individual circumstances of your case.

For example, if the investigating authority that applied for the order has made little progress in their investigation and the process seems to have staled, this might be a sufficient argument to have the court discharge the AFO. Alternatively, you may be able to demonstrate (by presenting relevant evidence) that the frozen funds do not represent the proceeds of crime and are not intended for a criminal purpose. With HMRC cases in particular, there may be scope for submitting that the tax authority should rely upon its civil taxation powers, rather than an AFO.

As well as support in fighting against the AFO, a solicitor from the Business Crime and Regulation department at JMW can provide additional advice and representation that you may need. If authorities have applied for an AFO to freeze your assets, you may be subject to a criminal investigation. As such, you might be asked to attend an interview or give evidence, and in such cases it is vital to have legal representation to look after your best interests.

Can I access funds if I am subject to a different order?

AFOs are not the only legal instruments that investigating authorities can use to restrict access to an account. Another is the restraint order, which is much more restrictive and can last indefinitely. Because of the extra restrictions that apply to restraint orders, and the fact that they are frequently granted without notice to the subject of the order, it can be much more difficult to respond appropriately.

Unfortunately, it is often much more difficult to obtain exceptions to a restraint order, and therefore to acquire legal representation. You can find more detail in our guide to funding a case while subject to a restraint order. It is usually best to speak to a legal advisor for support in these situations, as they will be able to advise you of the best route forward and help you to access services.

If you need legal support - whether to help you fight back against an AFO, or to represent you during a criminal investigation - contact the team at JMW Solicitors today. Call us on  0345 872 6666, or fill in our online enquiry form to arrange a call back.