Sentencing Act 2020

90 [F1 (1)] In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)— E+W

(a) omit paragraph (b);

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F2 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F1 Sch. 22 para. 90 renumbered as Sch. 22 para. 90(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(8)(a)

F2 Sch. 22 para. 90(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(8)(b)

Commencement Information

I1 Sch. 22 para. 90 in force at 31.12.2020, see s. 417(9)