Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 6Mandatory etc Custodial Sentences for Certain Offences

Required or discretionary sentences for particular offences

225Third drug trafficking offence

(1)

This section applies where —

(a)

a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

(b)

if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, F1section 313 of the Sentencing Code (third class A drug trafficking offence) would apply.

(2)

The Court Martial must impose the sentence required by F2F3section 313(2A) of that Code, unless it is of the opinion that there are F4exceptional circumstances which—

(a)

relate to any of the offences or to the offender; and

F5(b)

justify not doing so.