xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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Textual Amendments
F1S. 109 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 303(d)(iv), 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
(1)This section applies where—
(a)a person is convicted of a class A drug trafficking offence committed after 30th September 1997;
(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 an appropriate custodial sentence for a term of at least seven 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.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
[F3“ drug trafficking offence ” means an offence which is specified in—
paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
so far as it relates to that paragraph, paragraph 10 of that Schedule.]
(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.
Textual Amendments
F2S. 110(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 114, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F3Words in s. 110(5) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 37(2); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
Marginal Citations
(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.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F4S. 111(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 115, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
(1)This section applies where—
(a)a sentence has been imposed on any person under subsection (2) of section F5... 110 or 111 above; and
(b)any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.
(2)Notwithstanding anything in section 18 of the M2Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
Textual Amendments
F5Word in s. 112(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
Marginal Citations
(1)Where—
(a)on any date after 30th September 1997 a person is convicted in England and Wales of F6... a class A drug trafficking offence, or on any date after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and
(b)the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date, and
(c)that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that he was convicted of such an offence on that date.
(2)Where—
(a)after 30th September 1997 a person is convicted in England and Wales of a class A drug trafficking offence or after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and
(b)the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and
(c)that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.
(3)In this section—
F7... “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections F7... 110 and 111 respectively; and
“the relevant section of this Chapter”, in relation to any such offence, shall be construed accordingly.
Textual Amendments
F6Words in s. 113(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F7Words in s. 113(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
(1)Where—
(a)a person has at any time been convicted of an offence under section 70 of the M3Army Act 1955, section 70 of the M4Air Force Act 1955 or section 42 of the M5Naval Discipline Act 1957, and
(b)the corresponding civil offence (within the meaning of that Act) was F8... a class A drug trafficking offence or a domestic burglary,
the relevant section of this Chapter shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.
(2)Subsection (3) of section 113 above applies for the purposes of this section as it applies for the purposes of that section.
Textual Amendments
F8Words in s. 114(1)(b) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
Marginal Citations
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of sections F9... 110 and 111 above to have been committed on the last of those days.
Textual Amendments
F9Word in s. 115 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))