Freezing Orders allow an authorised member of the police force to apply for an order that can prompt a financial institution to not allow a person to make withdrawals from a specified bank account (either their own or another person’s), except in the manner and circumstances they set out in the order.
Applications for Freezing Orders are made to the Magistrates’ Court on the basis that:
Applications for Freezing Orders are made to the Magistrates’ Court on the basis that:
- The police believe on reasonable grounds that a person with an interest in the account was about to commit, has committed, been involved in or benefited from an offence or
- The money is tainted property in relation to a schedule 2 offence and an application for civil forfeiture or an unexplained wealth order is likely to be made.
The application must specify the grounds on which the order is made, the names on the account, the financial institution and the account number or description of the account.
The court may make the freezing order if satisfied that there are reasonable grounds for believing the matters alleged by police.
When does the Freezing Order take effect?
A Freezing Order commences as soon as the financial institution that manages the account is provided with the order made by the court.
How long does a Freezing Order last?
A Freezing Order lasts 3 days unless a Restraining Order or Civil Forfeiture Restraining Order is made, but it can be extended to last longer than 3 days in certain circumstances.
