Why Birmingham grandmother was spared jail despite being caught smuggling drugs into prisons again

A gramdmother has been spared jail despite being caught trying to smuggle drugs into prisons for the third time. Andrea Simpkin, 53, was involved in her step-son Larry Barnett Junior's plot to post paper sprayed with spice into jails around the country.

The pieces of A4 were disguised as fake legal correspondence, and even displayed the logo of a Birmingham law firm, in order to bypass checking procedures. It was the third time Simpkin, of Plowden Road, Stechford, was caught trying to get drugs past prison security.

In 2009 she was convicted of trying to smuggle a wrap of cannabis into a young offender institute and then two grams of cocaine into HMP Hewell, near Redditch, in 2018. On Wednesday, November 6 as she was sentenced for her latest offence as Birmingham Crown Court was told of the 'devastating' impact of drugs in prisons due to inmates wracking up debts and being pressured into concealing phones and attacking others.

READ MORE: 'Mercy' for Birmingham dad and step-mum behind garden shed plot smuggling spice into prisons

An expert told of the added risk of overdosing on letters soaked with spice because users would not know how much drug liquid was on the paper. Simpkin admitted an offence of conspiracy to convey drugs into a prison but was shown 'mercy' by a judge who sentenced her to two years, suspended for two years.

The spice smuggling plot took place between March and December 2019 and targeted prisons including HMP Birmingham and HMP Hewell, in Worcestershire. A total of 14 letters were intercepted although prosecutors argued that was the 'tip of the iceberg'.

Around £48,000-worth of cash payments were deposited into the accounts of Simpkin and her partner Larry Barnett Senior, 61, who also admitted the same offence. Neither were working during the period.

Simpkin's barrister Matthew Cullen argued there were 'exceptional' circumstances in her case including significant health issues which 'speak to her suitability to a custodial environment'. He also said she had a 'limited' role in the operation, mainly acting under the direction of others including her partner.

Mr Cullen said: "She had no influence on those above her in the chain. She was told what to do. Her financial gain was limited. The financial benefit was being received and held by her but not being kept by her. Her specific advantage was limited. The advantage was obviously being reaped by others."

He said Simpkin had moved away from negative influences and had not committed any crimes in the five years since the offence, which had 'opened her eyes to what she has to lose'. Mr Cullen said: "She is remorseful, regretful and motivated to accept help from the probation service following a difficult upbringing and life.

"The fact she has stayed out of trouble for five years is a key indicating factor there is hope of that motivation staying and succeeding." Judge Melbourne Inman KC described the plot as a 'relatively sophisticated' operation and said those who smuggled drugs into prisons were usually sentenced to immediate custody.

But he agreed the five-year delay since the offence was 'exceptional' and 'changed the landscape'. The judge also concluded Simpkin and Barnett Senior had a realistic prospect of rehabilitation and neither posed a risk to the public. He told them: "You are now both in later age. You are not old, and you haven't reoffended for five years which in any view is a long time.

"Your son and step son has been in custody for that time. I'm satisfied your health in each case has deteriorated over five years and you have a home but if neither of you have tenancy for it I accept there's a significant risk - having served 40 per cent of any sentence if immediate - that simply means there is no home thereafter."

He acknowledged Barnett Senior required help for alcohol abuse and Simpkin had written a letter explaining her insight into her actions. Judge Inman concluded: "Not without considerable hesitation the balance of fairness and public interest falls just on the side of extending mercy to both of you two. I do take into account it was your son who effectively brought you into this dock."

Simpkin was ordered to carry out 20 days rehabilitation activity. Barnett Senior, who was sentenced to 19 months suspended for two years, was told to carry out 40 days as well as a six-month alcohol treatment programme.

'Professional' criminal Barnett Junior, aged 38, and formerly of Lichfield, is already serving a 21-year sentence imposed in 2020 for being part of a gang who ripped cash machines out of shop walls and carried out cash-in-transit robberies. He was found guilty of conspiracy to convey drugs into a prison following a trial and handed a further two years and six months, to be served consecutively to his current term.