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News (Media Awareness Project) - UK: Straw Fury Over Drugs And Rastas
Title:UK: Straw Fury Over Drugs And Rastas
Published On:1999-09-30
Source:Daily Mail (UK)
Fetched On:2008-01-28 23:11:48
STRAW FURY OVER DRUGS AND RASTAS

JACK STRAW last night attacked guidelines which suggest judges should be
lenient with cannabis users who tell courts they are Rastafarians.

The Home Secretary believes it sends out the wrong signals at a time when
the Government is struggling to crack down on the drugs culture.

He made clear that he was not even consulted before the controversial
guidelines, revealed by the Daily Mail, were issued. 'I knew nothing about
this until I picked up my Daily Mail this morning,' he told the BBC.

Mr Straw, who favours a tough approach to drug abusers, said that judges
were fully independent, but added: 'If you ask me if I agree with that
guidance, the answer is no, I do not.'

His uncompromising words put him on a collision course with the Lord
Chancellor, Lord Irvine, who endorsed the advice.

The guidelines, in a document called the Equal Treatment Bench Book, have
been drawn up by the Judicial Studies Board, the body responsible for legal
training.

The book - endorsed by the Lord Chancellor and the Lord Chief Justice, Lord
Bingham states: 'Smoking cannabis or ganja ("the herb") is considered an
important part of Rastafarian religious practice and is treated as a
sacrament.

'Ganja is seen as natural and as God's gift and Rastafarians seek to
legitimise its use by reference to biblical texts.'

The guidance also says judges should take religious practice into account
in dealing with cases.

The clear implication is that Rastafarians, heavy users of cannabis, should
be viewed differently to other defendants in drug cases.

Last night Lord Irvine denied that the guidance would lead to Rastafarians
getting an easier ride in courts if charged with drug offences.
'Rastafarians are subject to our cannabis laws in the same way as everyone
else,' he said.

He said the Judicial Studies Board had issued the Bench Book to inform
judges about the ways of lives of people 'who come from all parts of the
community'.

'The laws in our country apply to everyone equally,' he added. 'There is a
vast difference between a book which helps judges to gain a proper
awareness of those parts of our multi-cultural society with which they may
have had limited contact outside the courts, and condoning any criminal
behaviour.

'Nothing in the book condones the use of illegal drugs or suggests that any
section of the community should receive a lighter sentence for using them.
That is not in the Bench Book and never was in it.

'These are totally inaccurate reports and are based on a fundamental
misunderstanding of the book.'

The row will anger Tony Blair, who devoted one of the most powerful
passages in his Labour Party conference speech on Tuesday to the
Government's determination to get tough with drug users.

He described drugs as 'the most chilling, evil industry the world has to
confront'. The guidelines tell judges: 'Justice in a modern and diverse
society must be "colour conscious", not "colour blind".'

They also give judges a list of terms they should and should not use, with
'coloured' regarded as an offensive word, and 'West Indian' as an
'inappropriate' term.

The rules refer repeatedly to Rastafarianism even though many - including
the Home Office - view it as a movement rather than a real religion.
Rastafarian leaders claim no more than 10,000 followers in Britain.

The pamphlet states 'raising the level of knowledge about relevant details
of religious norms and beliefs can help judges to understand why particular
actions were taken'.

Judges are told to remember several key points, which include: 'Awareness
of a person's religion is an integral element of being aware of equal
treatment issues.'

The Bench Book says that 'in the process of finding "the truth", religion
may be of assistance', and adds: 'Religion is often a key element of a
person's identity.'

Rastafarianism originated in the Caribbean in the Thirties and its
adherents worship the former Ethiopian ruler Haile Selassie.

It won its greatest popularity in Britain in the Seventies and Eighties in
the wake of the success of reggae musicians, in particular Bob Marley.

It is banned in Britain's jails because it is regarded by the Prison
Service as encouraging the use of cannabis and as a potential source of
racial tension.
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