Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models

Appendix B

England and Wales

s. 110[26] Mandatory Minimum Seven Year Sentence for Third Drug Offence

  1. This section applies where –
    1. a person is convicted of a class A drug trafficking offence committed after 30 th September 1997 ;
    2. 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
      one of those other offences was committed after he had been convicted of the other.
  2. The court shall impose an appropriate custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which –
    1. relate to any of the offences or to the offender; and
    2. would make it 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 particular circumstances are.

s. 111[27] Mandatory sentence of three years or more for third conviction for residential burglary

  1. This section applies where –
    1. a person is convicted of a domestic burglary committed after 30 th November 1999 ;
    2. at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and
    3. one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after 30 th November 1999 .
  2. The court shall impose an appropriate custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which –
    1. relate to any of the offences or to the offender; and
    2. would make it 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 particular circumstances are.

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