Practitioners seeking substitution of restrained property under s 44(2) POCA must address not only arithmetic equivalence of value but also the risk that proceeds may return to criminals, particularly where the motivation of third parties offering substitute property is unexplained. The court will weigh the nature and scale of alleged offending, the state of ongoing investigations, and the purposes of the POCA. Section 39 ancillary powers cannot be used as an alternative pathway to achieve exclusion or substitution that circumvents the specific requirements of ss 24, 29 and 44.
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