Part VE+W CUSTODIAL SENTENCES ETC.

Chapter IIIE+WRequired custodial sentences for certain offences

111 Minimum of three years for third domestic burglary.E+W

(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 [F12 relevant domestic burglary convictions; and]

(c)one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after [F2the relevant date].

(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.

[F3(2A)For the purposes of subsection (1)—

(a)a “relevant domestic burglary conviction” means—

(i)a conviction in England and Wales of a domestic burglary, or

(ii)a conviction in any other part of the United Kingdom or any other member State of an offence which would, if done in England and Wales at the time of the conviction, have constituted domestic burglary;

(b)the relevant date”, in relation to a relevant domestic burglary conviction, means—

(i)in respect of a conviction in England and Wales, 30 November 1999, and

(ii)in any other case, the day on which this subsection comes into force.]

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.

Annotations:

Amendments (Textual)

F4S. 111(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 115, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with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))

Modifications etc. (not altering text)

C1S. 111(2) excluded (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 239(5), 383(2) (with s. 271(1)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4