Plea and Trial Preparation Hearing (PTPH)

 

At her Plea and Trial Preparation Hearing (PTPH), the client put forward a basis of plea stating that she believed the package contained only tobacco, despite Mia advising her that such a basis was unlikely to be accepted. It was rejected on the grounds that cigarettes could be purchased within the prison and, therefore, there was no reason to smuggle them in. Additionally, she had not raised this explanation during her police station interview, at which she had represented herself.

Mitigation and Personal Circumstances

Recognising the serious implications of a custodial sentence, Mia obtained a detailed psychological report which outlined the significant impact imprisonment would have on the client, as well as her 15-year-old daughter. The Pre-Sentence Report also highlighted the risk of the daughter being placed into care should her mother receive an immediate prison sentence.

Through numerous meetings with the client, Mia was able to gather substantial mitigation. The client was a single mother who had home-schooled her daughter throughout secondary school due to the child’s mental health difficulties. The daughter was heavily reliant on her mother, who herself had a history of mental health issues stemming from the traumatic birth of her only child. At the time of the offence, the client had been without her prescribed antidepressants due to NHS delays, which may have contributed to her actions. She has since re-engaged with mental health services for support.

Excellent Result for the Client

Mia instructed Jonny Pilkington of 3TG Barristers, who advanced the exceptional circumstances of the case. As a result, the client received a sentence of 5 months’ custody, suspended for 18 months, together with 20 days of rehabilitation activity requirements.

This was an excellent outcome in very difficult circumstances, and the client was extremely relieved and grateful.