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Crime and Punishment (Scotland) Act 1997

Consolidated Text Cited authorities 114 Cited in Amendments 639 Related
Vincent
JurisdictionUK Non-devolved
Citation1997 c. 48
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    • (1) After section 205 of the 1995 Act there shall be inserted the following section—
      (205B) 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 been convicted in any part of the United Kingdom of two other class A drug trafficking 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
    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;whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;the court in which any such conviction was obtained; andhis age at the time of the commission of either of those offences; andone of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.where he has attained the age of 21 years, to a term of imprisonment of at least seven years; andwhere he has attained the age of 18 years but is under the age of 21 years, to detention

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