Mum's campaign changes drug sentencing guidelines

Leah Elwin with mum Kerry Roberts Image source, Handout
Image caption,

Kerry Roberts launched a campaign to change sentencing guidelines for drug dealers, following Leah's death

  • Published

A mum whose 15-year-old daughter died after taking MDMA has successfully fought for a change in the law.

Leah Elwin, previously known as Heyes, took a fatal dose of the class A drug in May 2019.

The teenagers who supplied it were detained in 2020 for 21 and 12 months respectively, prompting Kerry Roberts to campaign for harsher sentencing.

From 1 April, supplying drugs to a child under 16 will be considered an "aggravating factor" at sentencing.

Previously, courts could take into account the age of a victim when considering what term to impose but the new amendment would make it more explicit.

The Ministry of Justice said it hoped this would bring "reassurance" the courts would hand down "effective and proportionate sentences" to those that supply controlled drugs to children.

Image source, Handout
Image caption,

Leah Elwin died after taking MDMA while out with friends

Leah died after taking the drugs with friends in Northallerton. Her mother said she had a great sense of humour and aspired to be a beautician.

Mrs Roberts said she had been told during the court case not to expect a high sentence.

Conor Kirkwood, then 18, was sentenced to 21 months and Mitchell Southern, then 19, was given 12 months.

"It was in the back of my head that it just wasn’t right." said Mrs Roberts. "What they supplied her, and the amount they supplied her, killed her."

'Do something about it'

Image source, Handout
Image caption,

Leah was described by her mum as a "funny girl" who aspired to be a beautician

She said a police liaison officer encouraged her to "do something about it".

"I had no idea how to change a law but I set up a petition and it started from there," Mrs Roberts said.

After working with the former police, crime and fire commissioner and MP Kevin Hollinrake, a bill was brought before Parliament in July 2022.

The Supply of Drugs to Children Under 16 (Aggravated Offence) Bill resulted in the government writing to the Sentencing Council for England and Wales to recommend the sentencing guidelines made clear supplying drugs to a child was an aggravating factor.

It was adopted in April and Mrs Roberts received the news just before the fifth anniversary of Leah's funeral.

"I still can't believe that I amended part of the law," she said. "Walking out of court that day [in 2020], I was devastated.

"I hope no parent has to go through what I went through, but if they do, I hope they're a little less devastated when they come out of court."

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