swarb.co.uk

N, Regina (on the Application of) -v- Secretary of State for Health - CA - 24-Jul-09 - Lord Clarke of Stone Cum Ebony MR, Keene LJ, Moses LJ - Health - Prisons
The claimant appealed against the imposition on them of smoking bans while they ewere compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully.
Held: The right or freedom to smoke does not engage article 8(1) of the Convention. The appeal failed: "We reject the argument that the right to smoke was an aspect of the "right to establish and develop relationships with other human beings and the outside world", which Lord Hope placed " to a certain degree", within the scope of the protection of article 8 . . We accept the submission . . that, although there is some evidence that smoking in a hospital like Rampton had some elements of social interaction, it was very limited because it could only take place in small smoking rooms with few if any others being present at the same time." The Secretary of State had successfully justified the difference of treatment between mental health units and prisons. Moreover, we are not persuaded that the Exemption Regulations go beyond what was contemplated in the 2006 Act. They were intra vires and were both reasonable and proportionate.
Smoke-Free (Exemption & Vehicles) Regulations 2007 s. 10 European Convention on Human Rights s. 8 s. 1 Mental Health Act 1983 s. 3 Health Act 2006
9 case(s) cited.
[2009] EWCA Civ 795 24-Jul-09 Bailii Link
Case law from lawindexpro

It is my human right not to have a certain colleague breathe faggy breath all over me.

Ohh OK what human being claims such over another please ?

Everyone please research how long human beings have actually been smoking....... any answers , anyone ?

This is more likely where you'll find law, is diverting from protecting the rights of freedoms of others, into using it as enslaving people against their own wishes, using ?

THE FORCE OF LAW

Popycock.

Anyone think humans cannot grow cannabis either ? Now did you know that plant grows naturally in earth ? so wake up how come you think law can dictate to what people can use of the natural earth ?

Again this is where law diverts from being protecting the rights of people , like, being able to use natural plants, into, using law to enslave people using ..?

THE FORCE OF LAW


keyword is FORCE !



Tell me I have digitalis in my garden am I a criminal ? G can i eat it and die ? ohhh so I may smoke cannabis and not die, but some human feels ....... hey YOU CANT DO THAT ITS A NATURAL PLANT ON THIS EARTH AND AND WELL LOCK YOU UP.......... yes......

Wake up everyone please....... here is the acid test, has anyone harmed another ? or have intent to ? Well really I bet its another STATUTE CRIME non ?

Now what does it say in the bible about man having dominion over any animal , plant or seed on this earth ?


Let he who thinks he has the bigger Cohonas step forward please....... I think you'll find FORCING of others wills behind it.


WAKE !

If they are in Rampton - yes - nearly always.

Do they have access to the internet in Rampton?

Yes, they must have!!!

i have always thought so.

A reply was drafted and submitted but then I found that you can only embed 3 quotes. So that's that.

No doubt other arcane rules will be discovered.

What about smoking being part of the culture of a people , surely the judges don't ignore that aspect do they ? I'm sure it has been recognised to by judges that culture does matter ? Like some cultures are used to a certain language which uses swearing .. that was recognised wasn't it by a judge ? so why not smoking as part of the culture ?

Oopppppps l@@k ......

Quote:

The history of smoking can be dated to as early as 5000 BC, and has been recorded in many different cultures across the world.

What have they done........

Prisons have rules. Any cultural or religious requirements that breach those rules are not allowed.

Who says ?

Come on, you get a judge that makes a call , and attempts to invalidate 7000 years of human existence !? LOL get real. how embarrassing.........

All he is saying is that you can't smoke in certain parts of a prison. It's hardly a crime against the history and tradition of man!

Maggie, mankind has been smoking for only a small part of human existence. We had slavery for far longer, do you think that this is acceptable?

i suspect that man has been smoking this or that for quite a long time. iIstill do not think it a human right.