Proceeds of Crime Act 2002, section 362J

Application for interim freezing order

Part 8 Investigations

(1)This section applies where the High Court makes an unexplained wealth order in respect of any property.

(2)The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.

(3)An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 362L).

(4)An interim freezing order—

(a)may be made only on the application of the enforcement authority that applied for the unexplained wealth order to which the interim freezing order relates,

(b)must be made in the same proceedings as those in which the unexplained wealth order is made, and

(c)may be combined in one document with the unexplained wealth order.

(5)If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.

Definitions used in section 362J 2

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
enforcement authority

(7) In this Chapter “enforcement authority” means—

(a)the National Crime Agency,

(b)Her Majesty's Revenue and Customs,

(c)the Financial Conduct Authority,

(d)the Director of the Serious Fraud Office, or

(e)the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland).

Defined in s.362A(7) · see it in the full Act

Cases considering section 362J 6

National Crime Agency v GKC (No 1)

[2026] EWHC 573 (Admin) · 13 March 2026

Provides the statutory basis for the interim freezing order. The order may be made only where necessary to avoid frustrating a possible later recovery order, and an unexplained wealth order is a precondition. (see paras [1]; [13])

Director of the Serious Fraud Office v Claire Schools

[2025] EWHC 1146 (Admin) · 13 May 2025

The court applies the necessity test for an Interim Freezing Order and finds a real risk that sale or dissipation of the property proceeds would frustrate a subsequent recovery order. The order therefore protects the proceeds while permitting a bona fide sale with the SFO’s written consent. (see paras [30]-[38])

National Crime Agency v Hussain & Ors

[2020] EWHC 432 (Admin) · 28 February 2020Defines

Provides for an IFO where a UWO has been made and it is necessary to avoid the risk that a later civil recovery order will be frustrated. The court applied the necessity and risk requirements and made the IFO. (see paras [63]-[66], [114]-[117]) Defines the prohibitory effect of an IFO on dealing with the relevant property, subject to exclusions. The court described the provision as part of the IFO framework. (see para [63]) Requires an IFO application to be made by the same enforcement authority and in the same proceedings as the UWO application. The court found these procedural conditions satisfied. (see paras [64]-[65], [114]) Requires an IFO application to be made without notice where the related UWO application was made without notice. The court relied on this provision in analysing the relationship between privacy and property preservation. (see paras [16], [64], [80])

What each judgment says about section 362J is in the case-law panel in the full Act.