FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation

PART 13Interpretation

I1399Mandatory sentences

For the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if—

a

the offence is one for which the sentence is fixed by law,

b

the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life—

i

section F6258, 258A, 274, 274A, 285 or 285A (life sentence for certain F7... offenders);

ii

section 273 or 283 (life sentence for second listed offence),

F2ba

the court is obliged by section 268B or 282B to impose a serious terrorism sentence, or

c

a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision—

i

section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons);

ii

section 312(2) F1or (2A) (minimum sentence for offence of threatening with weapon or bladed article);

iii

section 313(2) F8or (2A) (minimum sentence of 7 years for third class A drug trafficking offence);

iv

section 314(2) F3or (2A) (minimum sentence of 3 years for third domestic burglary);

v

section 315(2) F5or (2A) (minimum sentence for repeat offence involving weapon F4or corrosive substance or bladed article).