Proceeds of Crime Act 2002, section 245A

Application for property freezing order

Part 5 Civil recovery of the proceeds etc. of unlawful conduct

(1)Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for a property freezing order (whether before or after starting the proceedings).

(2)A property freezing order is an order that—

(a)specifies or describes the property to which it applies, and

(b)subject to any exclusions (see section 245C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property.

(3)An application for a property freezing order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

(4)The court may make a property freezing order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met.

(5)The first condition is that there is a good arguable case—

(a)that the property to which the application for the order relates is or includes recoverable property, and

(b)that, if any of it is not recoverable property, it is associated property.

(6)The second condition is that, if—

(a)the property to which the application for the order relates includes property alleged to be associated property, and

(b)the enforcement authority has not established the identity of the person who holds it,

the authority has taken all reasonable steps to do so.

Definitions used in section 245A 7

enforcement authority

“enforcement authority”—

(a)

in relation to England and Wales, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency , the Director of Public Prosecutions ... or the Director of the Serious Fraud Office,

(b)

in relation to Scotland, means the Scottish Ministers,

(c)

in relation to Northern Ireland, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency , the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

Defined in s.316(1) · see it in the full Act
recovery order

“recovery order” means an order made under section 266,

Defined in s.316(1) · see it in the full Act
the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

“the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A , 3B, 3C, 3D, 3E and 3F ) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

Defined in s.316(1) · see it in the full Act
property freezing order

“property freezing order” has the meaning given by section 245A(2);

Defined in s.316(1) · see it in the full Act
dealing

“dealing” with property includes disposing of it, taking possession of it or removing it from the United Kingdom,

Defined in s.316(1) · see it in the full Act
recoverable property

“recoverable property” is to be read in accordance with sections 304 to 310,

Defined in s.316(1) · see it in the full Act
associated property

“associated property” (in Chapter 2) has the meaning given by section 245,

Defined in s.316(1) · see it in the full Act

Cases considering section 245A 23

Perry and others v Serious Organised Crime Agency

[2012] UKSC 35 · 25 July 2012

A property freezing order may be sought only where the enforcement authority may seek a recovery order, and only on a good arguable case that identified or described property is recoverable or associated property. It could not therefore extend to property outside England and Wales. The adequacy of the broad descriptions in this order was left open (see paras [2]; [40]; [78]-[83]).

Perry & Ors v Serious Organised Crime Agency (Rev 1)

[2011] EWCA Civ 578 · 18 May 2011

Section 245A was applied as authorising a discretionary property freezing order before or after civil recovery proceedings, including in relation to recoverable and associated property (see paras [19]-[20]; [64]). Section 245A(4)-(6) was stated to extend property freezing orders to recoverable and associated property (see para [64]).

National Crime Agency v Chameleon Capital Holdings Ltd & Ors

[2026] EWHC 1745 (Admin) · 15 July 2026

Applies the statutory basis for the property freezing order and confirms that such an order may be granted before a recovery-order claim is made. Its protective effect was relevant to the refusal of joinder and prospective notice. (see paras [17]-[18], [27]) Confirms that a property freezing order can be granted before a claim for a recovery order has been made. This supported the court’s description of the statutory order-making framework. (see para [18])

3 more judgments, and what each says about section 245A, are in the case-law panel in the full Act.