222. European Convention on Human Rights.

A confiscation order may not be made1 where it would be wholly disproportionate so as to amount to a breach of the defendant's rights to peaceful enjoyment of property and possessions under the European Convention on Human Rights2: there must be a reasonable relationship of proportionality between the means employed and the aim sought to be realised by any measure depriving a person of his possessions3.

Confiscation proceedings are 'criminal proceedings' within the scope of the Convention right to a fair hearing4 because they are part of the sentencing process following conviction5. Thus proceedings must, for example, be determined within