Proceeds of Crime Act 2002, section 303Z1

Application for account freezing order

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

(1)This section applies if an enforcement officer has reasonable grounds for suspecting that money held in an account maintained with a [F1021 relevant financial institutionF1021] —

(a)is recoverable property, or

(b)is intended by any person for use in unlawful conduct.

(2)Where this section applies (but subject to section 303Z2) the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held.

(3)For the purposes of this Chapter—

(a)an account freezing order is an order that, subject to any exclusions (see section 303Z5), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account;

(b)an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account.

(4)An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct.

(5)The money referred to in subsection (1) may be all or part of the credit balance of the account.

F1022 (5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1023 (5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this Chapter—

  • “bank” has the meaning given by section 303Z7;

  • “building society” has the same meaning as in the Building Societies Act 1986 ;

  • [F1024 “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 ( S.I. 2011/99 ) (see regulation 2 of those Regulations); F1024]

  • “enforcement officer” means—

    (a)

    an officer of Revenue and Customs,

    (b)

    a constable,

    (c)

    an SFO officer, or

    (d)

    an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State [F1025 or the Welsh MinistersF1025] under section 453;

  • “the minimum amount” has the meaning given by section 303Z8;

  • [F1024 “payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 ( S.I. 2017/752 )); F1024]

  • “relevant court”—

    (a)

    in England and Wales and Northern Ireland, means a magistrates' court, and

    (b)

    in Scotland, means the sheriff.

  • [F1026 “relevant financial institution” means—

    (a)

    a bank,

    (b)

    a building society,

    (c)

    an electronic money institution, or

    (d)

    a payment institution.F1026]

Definitions used in section 303Z1 13

enforcement officer

“enforcement officer” (in Chapter 3B) has the meaning given by section 303Z1(6),

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

“relevant financial institution” (in Chapter 3B) has the meaning given by section 303Z1 (6) ,

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
unlawful conduct

“unlawful conduct” has the meaning given by section 241,

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

“relevant court” has the meaning given by section 303Z1(6),

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

“part”, in relation to property, includes a portion,

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

“constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32),

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

For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.

Defined in s.454A · see it in the full Act
payment institution

“payment institution” (in Chapter 3B) has the meaning given by section 303Z1(6),

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
bank

“bank” (in Chapter 3B) has the meaning given by section 303Z7,

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

“building society” (in Chapter 3B) has the meaning given by section 303Z1(6),

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

“electronic money institution” (in Chapter 3B) has the meaning given by section 303Z1(6),

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

Cases considering section 303Z1 4

National Crime Agency v GKC (No 2)

[2026] EWHC 929 (Admin) · 24 April 2026

The provision identified the account-freezing order jurisdiction considered in Javadov. Its on-notice, suspicion-based character was relevant to the conclusion that open justice may apply at an early investigative stage. (see paras [28]; [46]; [56])

National Crime Agency, R (on the application of) v Westminster Magistrates' Court

[2022] EWHC 2631 (Admin) · 19 October 2022Interprets

Provides the statutory context for an application by the NCA for an account freezing order where there are reasonable grounds for suspecting that money is recoverable property or intended for unlawful conduct. (see paras [15]; [45]-[47]) Identifies the substantive suspicion concerning money held in an account which underpins an account freezing order. (see paras [15]; [50]) Requires consideration of whether giving notice of an application would prejudice steps towards forfeiture. The issue is fact-sensitive and requires evaluation of the evidence and explanation for prejudice. (see para [67])

SULEYMAN JAVADOV AND IZZAT KHANIM JAVADOV (R on the application of) v WESTMINSTER MAGISTRATES’ COURT

[2021] EWHC 2751 (Admin) · 29 September 2021Interprets

Interpreted as permitting an account freezing order application where there are reasonable grounds for suspecting that funds are recoverable property or intended for unlawful conduct. The provision formed the statutory basis for the applications and the private-hearing issue (see paras [1], [18]-[25]). Interpreted purposively as an enactment contrary to the ordinary open-court requirement. A without-notice account freezing order application may therefore be heard in private where publicity could prejudice forfeiture (see paras [21], [24]-[29], [51]).

What each judgment says about section 303Z1 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F1021Words in s. 303Z1(1) substituted (27.4.2017 (retrospectively except as it extends to N.I.), 28.6.2021 for N.I.) by Financial Services Act 2021 (c. 22), s. 33(2)(3), Sch. 12 para. 14(2) (with s. 33(4)); S.I. 2021/739, reg. 2
  2. F1022S. 303Z1(5A) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 59(1)(a), 208(5)(h)
  3. F1023S. 303Z1(5B) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 59(1)(a), 208(5)(h)
  4. F1024Words in s. 303Z1(6) inserted (retrospectively) by Financial Services Act 2021 (c. 22), s. 33(2)(3), Sch. 12 para. 14(5) (with s. 33(4))
  5. F1025Words in s. 303Z1(6) inserted (E.W.) (20.7.2018) by The Tax Collection and Management (Wales) Act 2016 (Supplemental Provision) Regulations 2018 (S.I. 2018/768), regs. 1(2), 2(e)
  6. F1026Words in s. 303Z1(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 59(1)(b), 208(5)(h)

Modifications

  1. C85S. 303Z1(6) modified by S.I. 2018/196, Sch. para. 3B (as inserted (E.W.) (20.7.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018 (S.I. 2018/767), arts. 1(2), 2(2)(b))