PROSECUTORS have been slated for ‘undercharging’ a woman who tried to smuggle drugs and a SIM card into prison.

 

Amanda Wicks sobbed in the dock at Oxford Crown Court, letting out a huge sigh of relief as she was handed a nine-month sentence, suspended for two years.

 

She was caught trying to sneak cannabis resin and a Vodafone SIM card into Bullingdon Prison during a visit to see her former partner.

 

The 30-year-old admitted two counts of conveying articles into prison but Judge Peter Ross criticised the Crown Prosecution Service (CPS), condemning it for not charging her with possession with intent to supply the drug.

 

Revealing he could have handed Wicks a ‘much greater sentence’, the judge claimed he did not understand the CPS’ charging decision, adding: “It’s just a bad case of undercharging.”

 

But when prosecutor Kate Fortescue said she would pass on his remarks, Judge Ross went on to say the CPS ‘never take any notice’ of him.

 

CPS spokesman Richard Jones said sentencing is a ‘matter for the court’, adding: “The CPS authorised the two charges as there was sufficient evidence to provide a realistic prospect of conviction and it was in the public interest to do so.”

 

The judge also denounced a solicitor representing Wicks at her earlier Oxford Magistrates’ Court hearing after discovering the defendant did not admit to her offending at the first opportunity.

 

After being quizzed by the judge, defence barrister Julian Lynch revealed Wicks never denied the offence but had done ‘simply what she was told’ during the hearing.

 

Judge Ross said the late guilty plea could have affected her sentence length, adding: “I’m going to put this down to inappropriate conduct by the advocate in the lower court [magistrates’].

 

“I don’t hold you responsible for what your solicitor did in the magistrates’ court - ordinarily, that would reduce the amount of credit to which you are entitled.”

 

The court heard prison officers discovered Wicks had secreted 10.3g of cannabis resin in her bra and the SIM card in her waistband after a dog alerted staff to the contraband on November 13 last year.

 

The mother, who confessed she smuggled the items for cash, was ‘nervous, sweaty and clearly upset’, the court was told last Wednesday.

 

Wicks, who had no previous convictions, ‘says yes when asked’, feeling obliged to carry out tasks for others, and knew she had been ‘exceptionally stupid’, Mr Lynch said.

 

The defendant, of Ashampstead Road, Reading, was also handed a six-month electronically tagged curfew, and must pay a victim surcharge and £500 costs.

 

Judge Ross told the court he would suspend her sentence after hearing Wicks was facing urgent surgery as a result of earlier cancer treatment.