The Court of Appeal has recently refused the appeal, against the length of sentence, brought by a man who had pleaded guilty to taking three separate packages containing cannabis resin, cannabis bush and twenty steroid tablets into a prison at the request of his cousin.
Nazaqat Maqsoom of Kangs Solicitors comments on the sentencing and the ruling from the Court of Appeal.
The Circumstances | Kangs Serious Crime Defence Solicitors
- Whilst passing a sentence of eighteen months` imprisonment, the Judge observed that ‘the smuggling of drugs into prison undermines the order of our custodial institutions and causes problems for those who are responsible for supervising prisons and looking after the welfare of inmates.’
- The Judge also commented that a conviction for smuggling drugs into prison significantly exceeds the threshold at which the requirement for custody falls into consideration.
- The appeal pursued by the appellant was based upon the premise that the Drug Sentencing Guidelines indicated that a high-level Community Order was the appropriate sentence.
The Court Of Appeal Decision | Kangs Criminal Appeal Solicitors
In refusing the appeal the Court of Appeal observed:
- ‘The drugs guidelines are of course helpful in sentencing offences of this sort, but the reality here is that the mischief is bringing the drugs into prison.
- That is a very significant aggravating feature and whilst we rely upon the guidelines for some assistance, they cannot determine the final prison sentence to be imposed. In the view of this court, this falls way outside the range which [Counsel] has identified to us today.
- The taking into prison of drugs is pernicious. It causes discipline problems within any custodial institution; it endangers the safety of the inmates and staff and adds greatly to the burden of trying to impose discipline.
- In the view of this court, having been given full credit for the plea, which he had entered at the earliest opportunity, the total sentence of 18 months cannot be said either to be wrong in principle or manifestly excessive, reflecting as it does a total sentence for three separate offences of bringing different items into prison on this occasion.’
How Can We Help? | Kangs Specialist Criminal Defence Solicitors
Conveying any item, including controlled drugs, into or out of prison is a very serious offence and conviction can result in a sentence of up to ten years’ imprisonment.
For previous articles appearing on the Kangs website on this topic please follow the links:
- Conveying Prohibited Articles Into Prison | Kangs Criminal Solicitors
- Throwing Articles Into A Prison | Kangs Criminal Defence Solicitors
Who Should I Contact? | Kangs National Criminal Defence Solicitors
At Kangs Solicitors our Team offers expert advice across all aspects of criminal proceedings and should you require assistance please do not hesitate to contact us through any of the following: