Part IMandatory and minimum custodial sentences
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.