Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models
s .110 Minimum of seven years for third class A drug trafficking offence:
- This section applies where—
- a person is convicted of a class A drug trafficking offence committed after 30th September 1997;
- 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.
- 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—
- relate to any of the offences or to the offender; and
- would make it unjust to do so in all the circumstances.
- 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.
- a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way), and
- 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.
- 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 Misuse of Drugs Act 1971;
"drug trafficking offence" means an offence which is specified in—
- In this section "an appropriate custodial sentence" means—
- in relation to a person who is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment;
- in relation to a person who is under 21 at that time, a sentence of detention in a young offender institution.
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