UK: Appeal Goes Up In Smoke

Discussion in 'Marijuana News from The USA' started by weedboss, May 15, 2003.

  1. JAILED cannabis campaigner Colin Davies will remain behind bars after a judge ruled a prison governor was right not to release him for smoking the drug.

    The judge said that while Davies may have a defence for using cannabis under criminal law, he has no defence under prison rules.

    Davies, who opened the country's first cannabis coffee shop in Stockport, was due to be freed last month under the early release scheme.

    But he was kept in jail after testing positive for cannabis.

    On Monday, a judge at the appeal hearing in HMP Sudbury, Derbyshire, ruled that to release Davies would open the floodgates for other prisoners to claim a defence for using drugs.

    Review

    Davies' legal team are now preparing to take his case to a judicial review in a bid to overturn the ruling.

    Euro MP Chris Davies has also written to Home Office minister Hilary Benn attacking the decision.

    Davies was sentenced to three years last October for supplying cannabis, but was due to be released in early April under a tag scheme.

    He is now expected to be released under licence in July after his serving several months in jail on remand was taken into consideration.

    If he is found to have smoked cannabis again before his release, he will have an extra 10 days added to his sentence.

    Pain

    Davies was found not guilty of drug offences by two juries at separate Crown Court trials in 1998 and 1999 after he argued he needs cannabis to alleviate pain from a severe back injury.

    His solicitor, Chris Hinett, of Henry and Co, said: "Colin has been found guilty of using cannabis under prison law and we are now going to lodge an application for a judicial review.

    "The judge dismissed the defence of duress - the defence Colin has previously used when he was acquitted in the past - that he had no option but to use cannabis for medical reasons.

    "The judge said that would be fine in the criminal courts, but not under prison law.

    "The judge said that the implications for the prison service, if he accepted Colin's defence, would be immense as every prisoner caught using cannabis would claim a medical defence.

    "Colin is very upset by the decision, he feels that the system is getting its own back on him for the way he has behaved in the past."
     
  2. :(

    gawdamnit! its just not fucking fair that they keep him in prison out of purely political motives.
    i really feel for colin, i've been following his story for some years now. he has done more for cannabis than anyone else in the UK.

    i bear the second line of my sig with pride in honour of colin davies - in pain and in prison.

    its just disgusting to think "they" withold vital and nessisary medication on "legal" grounds.
     
  3. that stinks man, it's not against the law to have cannabis in your system, so it's up to them to catch him with it...........Peace out.........Sid
     

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