At MK Law, we are deeply disappointed with the Court of Appeal’s decision to uphold the immediate custodial sentence imposed on our client—a mother of two, soon to give birth to her third child—who was convicted of bringing Class A drugs into prison under duress.
The background
Tom Gregson represented our client, a woman of previously good character, who found herself coerced into committing a crime. She was in a relationship with a serving prisoner who instructed her to collect a package and bring it to him during a visit. Threats were made against her and her children, leaving her with no real choice.
During the visit, while staff were distracted, she handed over the package, an act caught on CCTV. She was arrested, charged, and pleaded guilty at the first opportunity. The prosecution accepted that she acted under duress, fearing for her family’s safety.
A sentence that ignores the circumstances
- She was a mother with sole responsibility for her two children, aged 15 and nine.
- She was heavily pregnant, due to give birth within months.
- A psychological report confirmed she suffered from moderate to severe anxiety and depression, which would be exacerbated in custody.
- A pre-sentence report assessed her as low risk of reoffending and noted a strong prospect of rehabilitation.
Despite this, the sentencing judge determined that an immediate custodial sentence was necessary, disregarding the devastating impact on her children and the wider implications of incarcerating a vulnerable mother.
A failed appeal
Our legal team sought leave to appeal the sentence on the grounds that the judge erred in not suspending the sentence. Legal precedent, including R v Petherick [2012] EWCA Crim 2214, recognises that sentencing mothers and pregnant women must account for their right to family life under the European Convention on Human Rights. Where innocent children will suffer, the scales should tip towards a non-custodial sentence.
However, the Court of Appeal rejected the appeal, reasoning that:
- The sentencing judge had carefully considered all relevant factors.
- The children had alternative care arrangements with their father and extended family.
- The seriousness of the offence warranted immediate custody.
This decision ignores the broader consequences of imprisoning a pregnant woman and mother. The justice system should prioritise rehabilitation over punishment, particularly in cases where the individual poses no threat to society and acted under coercion.
The big picture: A broken system
With UK prisons at breaking point, incarcerating individuals like our client is both unnecessary and harmful. The government has acknowledged the prison crisis, yet the judiciary continues to impose custodial sentences in cases where community-based alternatives would be more effective and humane.
There was no public interest in this sentence—only harm to a vulnerable woman and her children. The justice system failed her.
We remain steadfast in our belief that this case exemplifies why reform is urgently needed.
A copy of the full judgement can be found here.
