Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 2Civil recovery in the High Court or Court of Session
F1Property freezing orders (England and Wales and Northern Ireland)
Ss. 245A-245D and cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 98(1), 178(8); S.I. 2005/3136, art. 3(a)
245AApplication for property freezing order
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.
Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7