An AFO prevents a bank account from being used to receive or make payments, an account freezing order is normally made without notice (ex parte) to the person or company that it impacts.
The police and other investigative entities such as HMRC, The Serious Fraud Office and Trading Standards will seek an Account Freezing Order against an individual or company that they suspect of serious criminal activity such as fraud, money laundering and other financial crimes.
The threshold applied by the court when making an Account Freezing Order is low, the court will make an AFO on the balance of probabilities if there is a suspicion that money is held in a bank account that arises from criminal activities. An AFO can last up to 2 years although regular reviews of an account freezing order should be made by the court that imposed it to ensure that it is still necessary to freeze the bank account.
If an account freezing order has been made against you, you should seek advice immediately from a solicitor who is a specialist in challenging and advising upon the terms of an AFO. Our expert solicitors at Wilkstone Law have direct experience of defending clients against the imposition of an AFO and advising upon what can be done to alleviate the problems that this may cause.
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Account Freezing Orders were introduced under the Criminal Finances Act 2017 by inserting new sections within the Proceeds of Crime Act 2002 (POCA 2002). AFOs are designed to preserve monies held in a bank account until a criminal investigation is finalised-an AFO can only be made
where £1000 or more in held in a bank account. Ultimately if a criminal offence has been proven in court and it is proved that the money held in a bank account was derived from criminal activity, money that held in a frozen bank account can be confiscated at the end of the criminal case.
Our expert Account Freezing Order Solicitors can commence direct negotiations with the prosecution with a view to providing evidence to support the fact that the origin of the funds in a bank account are legitimate. This may include filing a bundle of evidence including invoices, receipts and other documents to confirm the legitimacy of funds held in the frozen bank account. Our solicitors at Wilkstone Law can appear in court to contest the fact that an Account Freezing Order has been made and challenge the prosecution about the legality of the AFO and whether it is necessary in a particular case.
If you or your business has been made the subject of an account freezing order by a magistrates court, contact the expert account freezing order defence solicitors at Wilkstone Law as soon as possible. Our expert solicitors will advise on your next steps, consider the evidence served by the prosecution to support The AFO and challenge the account freezing order where necessary. Call Wilkstone Law without delay for immediate advice on an Account Freezing Order.
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If you have been arrested, you should not answer police questions until you have received expert legal advice from criminal defence solicitors.
You should only confirm your name and basic personal details before requesting legal representation. You are entitled to free legal advice whilst in police custody, and early representation at the police station can significantly affect the outcome of a criminal investigation.
Wilkstone Law provide immediate police station representation and expert legal advice for clients accused of criminal offences throughout Cardiff and across England and Wales.
If you have been released on police bail or released under investigation, it is important to seek expert legal advice as soon as possible.
Our criminal defence solicitors can review the evidence, advise you in relation to the investigation and consider whether pre-charge engagement with the police may be appropriate. In some criminal cases, early representations can result in allegations being dropped or no further action being taken.
We can also advise upon:
Early strategic advice can strengthen your defence and improve the outcome of your case.
Wilkstone Law can provide independent expert legal advice and a second opinion regarding your criminal defence matter.
Our solicitors can obtain the police disclosure and paperwork from the Duty Solicitor, review the evidence and advise whether the legal advice previously provided was appropriate in the circumstances.
We regularly assist clients who require ongoing representation following release from police custody and can take over conduct of the case where appropriate.
Call us as soon as possible – we will agree a fixed fee consultation to discuss and advise upon your case. At this meeting, we will advise you upon what happens next and will apply for copies of the police statements and evidence before your first court appearance.
We will carefully consider the evidence and advise you upon the strength of the police evidence and upon any defence that you may have to the charges you face. There may be urgent steps that we advise you to take to strengthen your defence before you appear in court.
The first appearance in any court case is at the Magistrates Court – we can appear in court on your behalf to represent you.
If you have been charged with a criminal offence and required to attend court, you should seek legal advice immediately.
Our criminal defence solicitors in Cardiff can advise you upon:
The first hearing in a criminal case will usually take place before the Magistrates’ Court. Early preparation and expert representation can make a significant difference to the progression and outcome of proceedings.
Yes. The first call to Wilkstone Law is free.
During the initial call, we can provide general guidance regarding next steps and arrange a fixed fee consultation to discuss your case in greater detail. However, we cannot provide case-specific legal advice until formally instructed.
Consultations can usually be arranged at short notice either in person, by telephone, or via video conference.
Our fixed fee consultations start from £500 plus VAT.
Following the initial consultation, we are often able to provide a fixed fee quotation for representation throughout the lifetime of your criminal case.
Legal fees will depend upon several factors including:
Wilkstone Law also advise clients in relation to legal aid and Legal Aid Agency funding where available.
Wilkstone Law are accredited by the Solicitors Regulation Authority.
Our Managing Director, Jon Wilkins, is recognised as a Grade A Solicitor by the Legal Aid Agency and is a recommended lawyer in The Legal 500.
Our criminal defence solicitors are highly regarded for providing expert legal advice and representation in serious and complex criminal cases.