Part V CUSTODIAL SENTENCES ETC.
Chapter IIIRequired custodial sentences for certain offences
111 Minimum of three years for third domestic burglary.
1
This section applies where—
a
a person is convicted of a domestic burglary committed after 30th November 1999;
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 30th November 1999.
2
The court shall impose an appropriate custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which—
a
relate to any of the offences or to the offender; and
b
would make it unjust to do so in all the circumstances.
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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.
6
In this section “an appropriate custodial sentence” means—
a
in relation to a person who is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment;
b
in relation to a person who is under 21 at that time, a sentence of detention in a young offender institution.