Section 4 Minimum of three years for third domestic burglary.

England and Wales

(1)

This section applies where—

(a)

a person is convicted of a domestic burglary committed after the commencement of this section;

(b)

at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and

(c)

one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section.

C1(2)

The court shall impose a custodial sentence for a term of at least three 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 domestic burglary which, apart from this subsection, would be triable either way; and

(b)

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

the burglary shall be triable only on indictment.

(5)

In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

Annotations

Textual amendments

F1: Words in s. 4(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(a); S.I. 1998/2327, art. 2(1)(w).
F2: Words in s. 4(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(b); S.I. 1998/2327, art. 2(1)(w).
F3: Words in s. 4(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(2); S.I. 1998/2327, art. 2(1)(w).

Modifications

C1: S. 4(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)

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 I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt.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