Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

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

PART 1 S THE 1995 ACT

The 1995 Act S

6 S 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.”.

Commencement Information

I1 Sch. 4 para. 6 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)