3Minimum of seven years for third class A drug trafficking offence
(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.
(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 specific circumstances which—
(a)relate to any of the offences or to the offender; and
(b)would make the prescribed custodial sentence unjust 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 specific 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 [1971 c. 38.] Misuse of Drugs Act 1971;
“drug trafficking offence” means a drug trafficking offence within the meaning of the [1994 c. 37.] Drug Trafficking Act 1994, the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 or the [S.I. 1996/1299 (N.I.9).] Proceeds 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.