PART XI Sentencing
Imprisonment, etc.
F1205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
1
This section applies where—
a
a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;
b
at the time when that offence was committed, he had attained the age of at least 18 years and had F2two previous convictions for relevant offences, irrespective of—
i
whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;
ii
the court in which any such conviction was obtained; and
iii
his age at the time of the commission of either of those offences; and
c
one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.
F31A
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 F5which the court passing sentence considers appropriate to take into account, 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.
2
Subject to subsection (3) below, where this section applies the court shall sentence the person—
a
where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and
b
where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.
3
The court shall not impose the sentence otherwise required by subsection (2) above where it is of the opinion that there are specific circumstances which—
a
relate to any of the offences or to the offender; and
b
would make that sentence unjust.
4
For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.
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—
F66
Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.