SCHEDULE 4CONVICTIONS BY COURTS IN OTHER EU MEMBER STATES: MODIFICATIONS OF ENACTMENTS

PART 1THE 1995 ACT

The 1995 Act

I16

In section 205B (minimum sentence for third conviction of certain offences relating to drug trafficking)—

a

in subsection (1)(b), for “been convicted in any part of the United Kingdom of two other class A drug trafficking offences” substitute “ two previous convictions for relevant offences ”, and

b

after subsection (1) insert—

1A

In subsection (1), “relevant offence” means—

a

in relation to a conviction by a court in any part of the United Kingdom, a class A drug trafficking offence;

b

in relation to a conviction by a court in a member State of the European Union other than the United Kingdom, an offence that is equivalent to a class A drug trafficking offence.

1B

Any issue of equivalence arising in pursuance of subsection (1A)(b) is for the court to determine.