OpenLegislation

Section 3 Minimum of seven years for third class A drug trafficking offence.I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where—

(a)

a person is convicted of a class A drug trafficking offence committed after the commencement of this section;

(b)

at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and

(c)

one of those other offences was committed after he had been convicted of the other.

C1(2)

The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are F1particular circumstances which—

(a)

relate to any of the offences or to the offender; and

(b)

would make F2it unjust to do so in all the circumstances.

(3)

Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the F3particular circumstances are.

(4)

Where—

(a)

a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and

(b)

the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,

the offence shall be triable only on indictment.

(5)

In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

  • “class A drug” has the same meaning as in the M1Misuse of Drugs Act 1971;

  • “drug trafficking offence” means a drug trafficking offence within the meaning of the M2Drug Trafficking Act 1994, the M3Proceeds of Crime (Scotland) Act 1995 or the M4Proceeds of Crime (Northern Ireland) Order 1996.

(6)

In this section and section 4 below “custodial sentence” means—

(a)

in relation to a person who is 21 or over, a sentence of imprisonment;

(b)

in relation to a person who is under 21, a sentence of detention in a young offender institution.

Annotations

Textual amendments

F1

Words in s. 3(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(a); S.I. 1998/2327, art. 2(1)(w).

F2

Words in s. 3(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(b); S.I. 1998/2327, art. 2(1)(w).

F3

Words in s. 3(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(2); S.I. 1998/2327, art. 2(1)(w).

Marginal citations

M1

1971 c.38.

M2

1994 c.37.

M3

1995 c.43.

M4

S.I. 1996/1299 (N.I.9).

Modifications

C1

S. 3(2) excluded (1.10.1997 for specified purposes and 1.12.1999 otherwise) by 1983 c. 20, s. 37(1A) (as inserted by 1997 c. 43, s. 55, Sch. 4 para. 12(2)); S.I. 1997/2200, art. 2(2)(f); S.I. 1999/3096, art. 2(e)

Commencement

I1

S. 3 wholly in force at 1.12.1999; S. 3 not in force at Royal Assent, see s. 57(2); S. 3(1)-(5) (and (6) so far as relating to this section) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(c); s. 3 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(a)

Notes on Part I

Textual amendments

F1

Pt. I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)