Reynolds, R v

A person convicted of bringing contraband into a prison will ordinarily receive an immediate custodial sentence. Sentence must reflect the nature of the items, their intended use, and the offender’s character and mitigation.

Pressure from a partner, relative or friend will usually carry limited weight because such pressure is common in these offences. A suspended sentence is justified only exceptionally. It may be appropriate where there is an unusual combination of marked psychological vulnerability, positive good character and substantial caring responsibilities.

The appellant pleaded guilty at the Crown Court at Isleworth to conveying cannabis and SIM cards into prison, contrary to sections 40B and 40C of the Prison Act 1952, and to possession of cannabis. She passed the items to her imprisoned boyfriend after signing a visitor declaration knowing it to be false.

She received a total of four months’ immediate imprisonment on 24 November 2016. Her basis of plea, which the prosecution did not challenge, stated that her boyfriend had threatened her younger brother. Psychological evidence described vulnerability arising from abusive relationships and symptoms consistent with post-traumatic stress disorder.

Her appeal concerned whether the immediate custodial sentence should exceptionally have been suspended.

1. Appeal allowed. The court substituted suspension of the total four-month term for an operational period of two years. The ancillary orders remained in force.

2. Bringing drugs and SIM cards into prison is serious because contraband may cause disorder and criminality within the prison. The ordinary sentence is therefore immediate custody. The appropriate length depends, among other matters, on the contraband, its likely use, the offender’s character and personal mitigation.

3. Pressure to convey contraband from a partner, relative or friend will generally provide limited mitigation. Such pressure is regularly present in these cases. Here, the appellant had accepted that the threats were not immediate and could have been reported. That feature therefore gave little support, by itself, to suspension.

4. The court nevertheless found a very unusual combination of circumstances. The appellant had substantial psychological vulnerability arising from abusive relationships, positive good character extending beyond an absence of convictions, and unusual caring responsibilities for her mother and younger brothers. Together, those matters made suspension exceptionally justified.

5. A two-year operational period was appropriate because the appellant remained vulnerable to abusive men and had previously associated with partners who became violent and were imprisoned. Although unpaid work might otherwise have been suitable, she had already spent three weeks in custody.

• Court of Appeal (Criminal Division): in [2016] EWCA Crim 2217, granted leave and allowed the appeal against sentence by suspending the total term for two years.
• Crown Court at Isleworth: on 24 November 2016, imposed a total of four months’ immediate imprisonment following guilty pleas.