F1Part I
I13 Minimum 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.
C12
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 F2particular circumstances which—
a
relate to any of the offences or to the offender; and
b
would make F3it unjust to do so 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 F4particular 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—
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.
Pt. I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)