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Cannabis Campaigners' Guide News Database result:
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Wren wins appeal over cannabis sentence Joshua Rozenberg Telegraph Monday 18 Dec 2000 A ROYAL Navy rating has used new human rights laws to overturn a sentence of detention for smoking cannabis. Lisa Atkins, 26, was sentenced by her commanding officer, Cdre Peter Davies, to 28 days in the Armed Forces detention centre in Colchester. She was also dismissed from the service. Atkins, who joined the Wrens only in April, had been based at HMS Collingwood in Fareham, Hants. An appeal hearing at Portsmouth naval base on Friday was told she had admitted smoking three cannabis joints at a rock concert. She panicked when the Navy's anti-drugs team called at Fareham just three days later to conduct random tests. The Armed Forces Discipline Act, which came into force in October, allows troops to appeal against summary decisions by commanding officers. The legislation was brought in with the aim of ensuring that discipline in the Armed Forces complied with the Human Rights Act. Representing Atkins at the summary appeal court, Lt Cdr Alison Towler argued that the detention sentence was unfair. She said: "Custody for this offence should only be given when it can be justified. The only purpose was to make an example of her. She would probably have received nothing more than a formal police caution for a first offence as a civilian. Detention adds insult to injury." The Judge Advocate, Cdr Mark Emmerton, quashed the detention but announced that Atkins's dismissal from the Navy would stand. He said: "We are taking an unusually lenient approach. There is strong mitigation and there are no aggravating features. The majority of ratings convicted can expect to be dismissed with a custodial sentence." Troops have been subject to random drugs testing since 1996. However, the Government considers that these powers are insufficient to deal with serious incidents, such as a collision which could lead to death or serious injury. The Armed Forces Bill, published last Friday, would give officers powers to order troops to be tested for drugs or alcohol after an incident. The new Bill makes other provisions designed to bring military courts in line with human rights legislation. Although civilians are tried by juries or lay magistrates, members of the Armed Forces who appear before courts martial must tried by commissioned officers.
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