Proceeds of Crime Act 2002, section 303Z3

Making of account freezing order

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

(1)This section applies where an application for an account freezing order is made under section 303Z1 in relation to an account.

(2)The relevant court may make the order if satisfied that there are reasonable grounds for suspecting that money held in the account (whether all or part of the credit balance of the account)—

(a)is recoverable property, or

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

(3)An account freezing order ceases to have effect at the end of the period specified in the order (which may be varied under section 303Z4) unless it ceases to have effect at an earlier or later time in accordance with the provision made by sections 303Z9(6)(c), 303Z11(2) to (7), 303Z14(6) to (8) and 303Z15.

(4)The period specified by the relevant court for the purposes of subsection (3) (whether when the order is first made or on a variation under section 303Z4) may not exceed the period of 2 years, starting with the day on which the account freezing order is (or was) made.

(5)An account freezing order must provide for notice to be given to persons affected by the order.

Definitions used in section 303Z3 4

relevant court

“relevant court”—

(a)

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

(b)

in Scotland, means the sheriff.

Defined in s.303Z1(6) · see it in the full Act

“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
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

Cases considering section 303Z3 5

National Crime Agency v GKC (No 2)

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

The reasonable-grounds-for-suspicion threshold for an account-freezing order was treated as compatible with public court proceedings and reportability. (see paras [28]; [46])

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

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

Sets the threshold for making an account freezing order. The court must be satisfied that there are reasonable grounds for suspecting that money is recoverable property or intended for unlawful conduct. (see paras [17]; [45]-[48]) Confirms that the court’s power to make an account freezing order arises upon satisfaction of the reasonable-grounds-for-suspicion test. (see paras [17]; [50])

Leila Eslami v North Tyneside Magistrates’ Court

[2026] EWHC 219 (Admin) · 5 February 2026Defines

The judgment explains that section 303Z3 empowers a Magistrates’ Court to make an account freezing order where there are reasonable grounds for suspecting that money is recoverable property or intended for unlawful conduct (see paras [2], [17]-[18]).

What each judgment says about section 303Z3 is in the case-law panel in the full Act.