Crime and Punishment (Scotland) Act 1997

Automatic sentencesE+W+S

2 Minimum sentence for third conviction of certain offences relating to drug trafficking.S

(1)After section 205 of the 1995 Act there shall be inserted the following section—

“205B Minimum sentence for third conviction of certain offences relating to drug trafficking.

(1)This section applies where—

(a)a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(b)at the time when that offence was committed, he had attained the age of at least 18 years and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences, irrespective of—

(i)whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(ii)the court in which any such conviction was obtained; and

(iii)his age at the time of the commission of either of those offences; and

(c)one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.

(2)Subject to subsection (3) below, where this section applies the court shall sentence the person—

(a)where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and

(b)where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.

(3)The court shall not impose the sentence otherwise required by subsection (2) above where it 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 that sentence unjust.

(4)For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.

(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;

• “drug trafficking offence” means a drug trafficking offence within the meaning of—

  (i)

  the M2Drug Trafficking Act 1994;

  (ii)

  the M3Proceeds of Crime (Scotland) Act 1995; or

  (iii)

  the M4Proceeds of Crime (Northern Ireland) Order 1996.”.

(2)In section 196 of the 1995 Act (sentence following guilty plea)—

(a)the existing words shall become subsection (1); and

(b)at the end there shall be added the following subsection—

“(2)Where the court is passing sentence on an offender under section 205B(2) of this Act and that offender has pled guilty to the offence for which he is being so sentenced, the court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1) above, pass a sentence of less than seven years imprisonment or, as the case may be, detention but any such sentence shall not be of a term of imprisonment or period of detention of less than five years, two hundred and nineteen days.”.

3 Meaning of “conviction”.S

After section 205 of the 1995 Act there shall be inserted the following section—

“205C Meaning of “conviction” for purposes of sections 205A and 205B.

(1)For the purposes of paragraph (b) of subsection (1) of each of sections 205A and 205B of this Act “conviction” includes—

(a)a finding of guilt in respect of which the offender was admonished under section 181 of the M5Criminal Procedure (Scotland) Act 1975 (admonition); and

(b)a conviction for which an order is made placing the offender on probation,

and related expressions shall be construed accordingly.

(2)This subsection applies where a person has at any time been convicted of an offence under—

(a)section 70 of the M6Army Act 1955;

(b)section 70 of the M7Air Force Act 1955; or

(c)section 42 of the M8Naval Discipline Act 1957.

(3)Where subsection (2) above applies and the corresponding civil offence (within the meaning of the Act under which the offence was committed) was—

(a)a relevant offence within the meaning of section 205A of this Act; or

(b)a Class A drug trafficking offence within the meaning of section 205B of this Act,

that section shall have effect as if he had been convicted in England and Wales of the corresponding civil offence.”.

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