JUDGES IN RASTA DRUGS STORM

JUDGES were given a signal yesterday to go easy of cannabis users who say in
court that they are Rastafarians.

They have been told that Rastafarians regard smoking cannabis as a
"sacrament" and that they should take religious practice into account in
dealing with cases.

The instruction comes in new race guidelines for judges which say they
should "raise their level of knowledge" about ethnic minority religions -
and which place Rastafarianism alongside the great world faiths.

It is strongly suggested that drug laws should be applied differently to
those who claim to be adherents of an ethnic minority religion which
approves of drug abuse.

The guidelines - issued on the day that Tony Blair condemned the evil of
drugs in his Labour Party conference speech - will be sent to every judge in
England and Wales by the Lord Chancellor, Lord Irvine.

They tell judges that knowledge of minority beliefs "can help judges
understand why particular actions were taken or not taken" and that
"awareness of a person's religion is an integral element of being aware of
equal treatment issues."

The rules provoked a furore last night, with critics accusing Lord Irvine of
encouraging judges to ignore the law which makes possession of cannabis
illegal, and of bending the law in favour of one minority group. One MP
called on judges to ignore the instructions, which have been drawn up by the
Judicial Studies Board, the organisation which trains judges, with the
backing of Lord Irvine and his officials.

The guidelines, contained in the Equal treatment Bench Book, 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.

They are even told to beware of the use of the word "British" and to avoid
it unless they can show it is used in an "inclusive" manner.

The rules refer repeatedly to Rastafarianism even though many view it as a
movement, not a real religion. Its leaders claim no more than 10,000
followers in Britain.

Yet the Bench Book - endorsed yesterday by both 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 Bench Book cites for judges Hebrews 6 verse 7: "For the earth which
drinketh in the rain that cometh upon it, and bringing forth herbs meet for
them by whom it is dressed, receiveth blessing from God."

Rastafarianism is banned in jails because it is regarded by the Prison
Service as encouraging the use of cannabis and as a potential source of
racial tension. Last night MP Julian Brazier, chairman of the Conservative
family Campaign, said: "The law must be the law for everybody. Far from
promoting satisfactory relations between people from different ethnic
backgrounds, this will cause resentment.

"There will be a backlash if there seems to be an exemption for one group
from the laws that apply to others. This is social engineering through the
courts and I hope the judges ignore it."

Sociologist Professor David Marsland of Brunel University said: "this is
absolute nonsense. If the judges found an Aztec in their courts, it seems
they would regard it as all right to conduct human sacrifice." Lord Irvine
encouraged all judges to take full account of the Bench Book, which is a
sweeping revision of less ambitious race guidelines distributed six years ago.

He said: "The Bench Book is not about political correctness, nor preaching,
nor moralising. It is there to inform and assist judges. It provides
practical and reliable information about those aspects of race, culture and
ethnicity which condition the way people approach the court process.

"These must be understood if judges are to treat all those who come before
them with equal sensitivity."

He also cited five occasions on which he had reprimanded judges for racial
bias. One accused well-educated Nigerians or criminal intent, another cast
aspersions on Vietnamese people, and a third made flippant remarks about a
defendant who wished to be termed "Afro Caribbean".

Another judge was ordered to go on a race awareness training course after
denying he was prejudiced or had made racist remarks, and a fifth apologised
after making a "highly offensive" joke.