PART XI Sentencing

Imprisonment, etc.

F1205B Minimum sentence for third conviction of certain offences relating to drug trafficking.

1

This section applies where—

a

a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

b

at the time when that offence was committed, he had attained the age of at least 18 years and had F2two previous convictions for relevant offences, irrespective of—

i

whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

ii

the court in which any such conviction was obtained; and

iii

his age at the time of the commission of either of those offences; and

c

one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.

F31A

In subsection (1), “ relevant offence ” means—

a

in relation to a conviction by a court in any part of the United Kingdom, a class A drug trafficking offence;

b

in relation to a conviction by a court in a member State of the European Union other than the United Kingdom, an offence that is equivalent to a class A drug trafficking offence.

1B

Any issue of equivalence arising in pursuance of subsection (1A)(b) is for the court to determine.

2

Subject to subsection (3) below, where this section applies the court shall sentence the person—

a

where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and

b

where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.

3

The court shall not impose the sentence otherwise required by subsection (2) above where it is of the opinion that there are specific circumstances which—

a

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

b

would make that sentence unjust.

4

For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.

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 M1 Misuse of Drugs Act 1971;

  • F4 “ drug trafficking offence ” means an offence specified in paragraph 2 or (so far as it relates to that paragraph) paragraph 10 of Schedule 4 to the Proceeds of Crime Act 2002;